Opinion No. 7-78 (1978)

Dear Mr. Spainhower:

This official opinion is issued in response to your request for a ruling as to whether Section 33.190, RSMo Supp. 1975 authorizes the issuance of replacement checks when some person other than the named payee suffers the loss or destruction of a state check.

The example you have provided indicates that this question can arise under the following circumstances: a state check is issued to a payee who endorses and cashes the check at a local store; the store is thereafter robbed and the check is among those items stolen; the proprietor of the store executes an affidavit…