As relates to MESSERSCHMIDTET AL. v. MILLENDER, I would assert that the VIOLATION of Mrs. Millender's rights can be likened to passing a bad check e.g., I produce a check on a fraudulent account for Mr. Warren Buffet for $1,000,000. The Bank I tender it to does none of the incumbent Good Faith consideration requisite for such a transaction. They honor and pay the Check. I walk out $1,000,000 cash.
I would hold that both myself for tendering the BAD check and the Bank for not doing their due diligence were both culpable.
The police in MESSERSCHMIDT ET AL. v. MILLENDER tender a fraudulent probable cause assertion, the Judge failed to do a minim good faith review and the check was paid. Mrs. MILLENDER was held SOLELY responsible for the, by others, fraudulent transaction.
As if Mr. Buffet had been forced to pay for my fraudulent check that had been incompetently honored.
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Send an e-mail to: Adam Liptak
February 24, 2012,12:45 PM
MESSERSCHMIDT ET AL. v. MILLENDER Send an e-mail to - Adam Liptak February 24, 2012,12-45 PM