I think you mean "endorsed and cashed under protest." It may or may not work depending upon the facts of the case, the law of the forum state and the judge that is hearing the case. It is best not to open the door to the defense at all.

Several years ago I was sharing expenses on the purchase of a copy machine with a mortgage brokerage on the same floor as my office. The copying machine owner became somewhat obnoxious about payment, and sent some woman to my office to complain. When the problem was brought to my attention I immediately cut them a check for my half of the purchase price, and marked the check paid in full for my half. Apparently the mortgage brokerage was a little slow with payment. The copy machine owner kept trying to collect the mortgage brokerage's expenses from me. However, he had cashed the check I had given him, and was foreclosed from any further collection against my firm. Eventually he was paid by the mortgage brokerage, but not quickly.

to post a reply: login - or - register