Bird v. Crown Convenience (In re NWFX, Inc.)

I concur in part and dissent in part with the majority opinion. My disagreement is with the manner in which the opinion measures Rice’s unjust enrichment.

Judge Beam’s opinion concludes that the unjust enrichment of Rice did not include refunded proceeds. I disagree. Rice has been unjustly enriched by all of the proceeds that it has received from the sale of the money orders. The record in this case does not suggest that Rice had an obligation to refund its customers. It was not a guarantor of the money orders it sold. Holders of Northwest’s money orders have claims against Northwest, not…