if a check was given for payment for a taxidermist on a deer head and the taxidermist lost the check and requested I put a stop payment. Am I required to reissue payment. He took 2 years to get the deer head done I called and called on it. He said his wife left him and he was going to lose his house so that was why he took so long to get it done. I had to drive over to his place numerous times to get him to finish my deer head. I tried to get him to charge less since it took so long and he didn't score it as requested but he required the entire amount. I gave him payment, received a paid receipt and he later lost the check. I stopped payment on the original check and he requested a new check. I said no and now he is taking me to small claims court. Should I have given him a new check? If I had given him cash and he lost it, that is his problem. Isn't a check the same as cash?
Answer
Assuming the sum of money at stake is more than nominal, I suggest that it appears that it would be prudent for you to seek private legal counsel at this time. Generally, cash and checks are not one and the same.
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