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· 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 CourtListener

Sourced 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.