Any Kind Checks Cashed, Inc. v. Talcott

After Talcott (defendant) was defrauded into writing a $10,000 check made out to Guarino (defendant), who claimed to be a broker cashing it as an investment, Any Kind (plaintiff) cashed the atypically large personal check without successfully reaching Talcott to confirm it, unlike its later, verified handling of a separate $5,700 check from the same parties; Talcott stopped payment on the $10,000 check, and the trial court found Any Kind was not a holder in due course as to that check.