[Avodah] Clever collector

Moshe Y. Gluck mgluck at gmail.com
Thu Feb 14 11:54:35 PST 2008


R' Mordechai Cohen:
> why isn't this plain geneivah?
> 
> if it is true that the exasperated gvir wrote a check that he never
> intended
> would be cashed, how can you use it a kuntz to extract money from his
> acnt?

Because he wrote an actionable document. I don't think his intent counts
here; the CM gurus on list have to answer this one, though. 
I realized after I posted the question (which I'm sure is untrue - I posted
for the theoretical value) that part of the story doesn't make sense,
because in my experience anyone can call a bank, say they have a check on
so-and-so's account #xxxxxxxxxxx, and the bank will tell them if it will
clear. So we have to modify the question that they did call, and the bank
said it wouldn't clear, and they deposited money until the bank said that it
would now clear.

KT,
MYG





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