Stop & Shop Supermarket Co. v. Loomer

We consider whether G. L. c. 93A, § 11, applies to *170the following circumstance. While employed as a cash office clerk at The Stop & Shop Supermarket Company (Stop & Shop), Karen Loomer cashed eight checks for her husband, Richard Loomer, in the amount of $5,185. Both knew that the checks were drawn on their joint personal checking account at a time when the account contained insufficient funds, but Richard had immediate need of cash to meet his general contracting company’s payroll.

We conclude that the defendants’ conduct, even if amounting to conversion or deceit, does not amount to a…