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Any Kind Checks Cashed, Inc. v. Talcott

District Court of Appeal of Florida
830 So.2d 160 (2002)


Facts

D.J. Rivera fraudulently induced John G. Talcott Jr. (defendant) to send Rivera a check for $10,000 made out to Salvatore Guarino (defendant). The following day, Rivera told Talcott that the $10,000 was unnecessary and requested that Talcott instead send $5,700. Talcott stopped payment on the $10,000 check and sent Rivera a check for $5,700 made out to Guarino. Guarino brought the $10,000 check to Any Kind Checks Cashed, Inc. (Any Kind) (plaintiff) to be cashed. Guarino told Any Kind’s manager, Nancy Michael, that Guarino was a broker and that the check was intended as an investment. Michael tried but was unable to contact Talcott by phone. Michael cashed the check and deducted a 5 percent fee. Guarino returned to Any Kind to cash the $5,700 check. Michael instructed the teller not to cash the check until Michael obtained Talcott’s approval. Talcott approved, by phone, cashing the $5,700 check, but there was no discussion of the $10,000 check. Any Kind cashed the $5,700 check and deducted a 3 percent fee. Talcott then stopped payment on the $5,700 check. Any Kind sued Guarino and Talcott, claiming that Any Kind was a holder in due course. At trial, no evidence was offered concerning the general practices of the check-cashing industry. The trial court entered judgment in favor of Any Kind for the $5,700 check but held that Any Kind was not a holder in due course in relation to the $10,000 check, because the circumstances should have put Any Kind on notice of defenses or claims against the check. Any Kind appealed.

Rule of Law

Issue

Holding and Reasoning (Gross, J.)

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