· 6/7/1993
Gerard C. Menichini, T/a Best Legal Services v. Lissa L. Grant Mellon Bank (East), Mellon Bank (East) National Association
Citations
- 995 F.2d 1224
- 20 U.C.C. Rep. Serv. 2d (West) 959
- 1993 U.S. App. LEXIS 13228
- 1993 WL 188788
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting employer had comparative advantage in preventing conversion of his property by employees
- declining to apply the discovery rule in negotiable instrument fraud under the UCC
- “[v]igorous application of the statute of limitations is a reasonable means of achieving certainty in commercial transactions”
- “Vigorous application of the statute of limitations is a reasonable means of achieving certainty in commercial transactions”
- “[A] clear majority of jurisdictions addressing the issue reject application of the discovery rule to conversion of negotiable instruments.”
- “Although a few courts apply the discovery rule to negotiable instrument theft on essentially equitable grounds, the tide of case law runs strongly against this approach.” (footnotes omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Hutchinson, Scirica, Rosenn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.