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Old September 17th, 2005, 08:16 PM
Jeff Miller
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riverman wrote:

If a merchant loses a check, is the customer responsible to reissue
another one when the merchant requests it? Or is it the customer's good
luck?

Assume that the customer and merchant have some bad blood; maybe the
merchant refused to accept something the customer wanted to return, and
that this lost check turns out to be an opportunity for the customer to
get some just desserts. Can the customer say "ha! I gave you a valid
check, my responsbility ended there. You lost it, you eat it."

--riverman

(of course, this is hypothetical, and anything that is said here is
merely hypothetical and not really legal advice...)


i have no intentions of giving legal advice here...but, my personal
feeling is just because [someone] might have the right to do a thing
doesn't make it the right thing to do. my personal approach would be, if
the merchant lost the check, i'd offer to issue another check less any
stop payment charges incurred by my bank for stopping payment on the
lost check. it is fair...the merchant absorbs the cost of his mistake,
and [someone] is neither dishonest nor dishonorable in the transaction
by getting something for less than the agreed consideration. btw,
technically, the payment isn't honestly made until the check is honored
and paid by the payor's bank.

i'd not counsel compromising or losing one's principles and integrity by
assuming the same repugnant characteristics despised in the other person...