Question

Darryl Young presented five photocopied checks to the Lynnwood Check-X-Change on five different days between June 13 and June 21. Lynwood cashed the first four checks presented. The fifth check, which was presented on a Saturday, was drawn on a different account from the first four checks and was payable on the following Monday. Lynnwood's practice was to cash checks on Saturday that are dated the following Monday. Young was convicted of five counts of forgery. On appeal, Young argued that the postdated check was not a legal instrument for purposes of the forgery statute. The crime of forgery requires an instrument that, if genuine, may have legal effect or be the foundation of legal liability. Young argued that the postdated check did not meet this requirement "because the time for payment had not arrived and thus the check could not have created any legal liability on the part of any person at that time." If a check is postdated, can it qualify as a negotiable instrument and create legal liability?



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  • CreatedJuly 16, 2014
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