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Triangle Credit Union v. Extermital Termite Serv., 21997 (2-15-2008)

Citation: 2008 Ohio 619Docket: No. 21997.

Court: Ohio Court of Appeals; February 14, 2008; Ohio; State Appellate Court

Narrative Opinion Summary

The case involves an appeal by Extermital Termite Service following a municipal court decision in favor of Triangle Credit Union, concerning a disputed check issued to Extermital's employee. The check, issued on September 3, 2004, was stopped by Extermital after the employee failed to return to work, though Triangle had already cashed it. The legal issue centers on whether Triangle acted as a holder in due course under Ohio Revised Code 1303.32, which requires adherence to good faith and reasonable commercial standards. Triangle argued that it met these requirements, emphasizing its longstanding relationship with the employee and the absence of irregularities in the check. The court affirmed Triangle's status as a holder in due course, finding that its discretion in cashing the check was commercially reasonable and in line with industry standards. The court dismissed Extermital's defense of fraud, ruling that Triangle's status protected it from such claims, thereby making Extermital liable for the payment. Ultimately, the court upheld the trial court's decision, maintaining the award to Triangle for the check amount plus interest and costs.

Legal Issues Addressed

Commercially Reasonable Standards

Application: Triangle's discretion in cashing the check was deemed commercially reasonable due to its established customer relationship and lack of warning signs, thus adhering to industry standards.

Reasoning: The court noted that if Triangle had contacted Extermital before cashing the check on September 3, 2004, Extermital would likely have confirmed the check's legitimacy.

Fraud as a Personal Defense

Application: Extermital's defense of fraud was overruled as Triangle maintained holder in due course status, which insulated it from personal defenses related to the check's issuance.

Reasoning: Consequently, Triangle's status as a holder in due course protects it from Extermital's defense of fraud related to the check's issuance, making Extermital liable for the payment.

Good Faith Requirement in Holder in Due Course Doctrine

Application: The court found that Triangle Credit Union satisfied both subjective and objective components of good faith, considering its long-standing relationship with the employee and absence of red flags in the transaction.

Reasoning: The absence of fraudulent behavior presumes an innocent party acted in good faith, adhering to the 'pure heart and empty head' doctrine, which requires subjective belief in good faith for holder in due course status.

Holder in Due Course under Ohio Revised Code 1303.32

Application: The court determined Triangle Credit Union met the requirements of holder in due course status, as it acted in good faith and adhered to reasonable commercial standards.

Reasoning: The municipal court ruled in favor of Extermital, concluding that Triangle Credit Union (Plaintiff) acted as a holder in due course when cashing a check from Fleming.