Legal Question in Business Law in Massachusetts

I sent a check to the wrong party
I am a non practicing lawyer and own a hardware store in Massachusetts. By mistake, I sent a check of 2500 to a wholesale hardware company and did that because I thought I owed him money. He agrees I owed him zero but refuses to return the money because he says one of my relatives owes him money.

Note that both parties are '' Merchants'' . I belive that there is something in the UCC for this kind of situation but I need the Chapter and page number.

I also need one or two cases with similar facts, i.e, a check sent to the wrong party. These cases can be in any state as once I have the cases, I can use West's key system to find a similar Mass. Case.

I am not going to rely on this advice but will use the information to find Mass cases and agree not to hold the sender responsible in any way for any reason.

Thank you

--name removed---name removed--
Boston, MA 781-953-2486

Asked on 1/06/08, 8:39 pm

2 Answers from Attorneys

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Re: I sent a check to the wrong party

He has no right to keep your check and to do so is a violation of MGl c 93A. I assume this is not your minor son, in which case there may be a claim you are responsible. However, assuming this is not a bill owed by you or your business he has no right to keep your check.

Answered on 1/06/08, 9:44 pm

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