Western Bank v. RaDec Const. Co., Inc.

(specially concurring).

Although the inscription on the check does not, under these circumstances, via the majority opinion, defeat the Bank’s holder in due course status, certainly — as between the Carpet Center and RaDEC— the “memo” is of great significance. Most people in the business world pay by check. A denomination on the check can create an account stated, compromise, accord and satisfaction, or payment in full status. As between the Carpet Center and RaDEC, this is simply not a self-serving declaration or for recordkeeping or for informational purposes. It is a common practice to use…