Question

Joshua Herrera found a purse in a dumpster. He contacted the owner of the purse, and it was returned to its owner. After returning the purse, Herrera returned to the dumpster. He found a check written out to "cash." Herrera testified that he thought that meant that he "could get money for the check." He presented the check at a bank, and the bank teller instructed him to put his name on the payee line next to cash. Herrera added the words "to Joshua Herrera" to the payee line and endorsed the check. The trial court found Herrera guilty of forgery. On appeal Herrera argued that he did not alter the check because he did not change the legal efficacy of the check. Herrera claimed that the check was a bearer instrument and payable to anyone possessing the instrument. How do you think the court decided?


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  • CreatedOctober 21, 2015
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