Metro Gold, Inc., vs. Garrett Coin, Minn. Ct. App. A07-2117 (12/10/08)
In a case notable for its strange facts, an individual wrote a check for more than $200,000 to buy gold and very shortly thereafter went into a coma, dying a few weeks later. The check bounced. Minnesota law provides for civil penalties against the issuer for a “dishonored” check. Minn. Stat. § 604.113 (2006). The statute provides for recovery of the face value of the check, a fine, and attorneys fees. But the statute requires notice of the fact that the check was dishonored and a 30-day grace period for the issuer of the check to make good. When the issuer is comatose and/or dead, the statute is unenforceable apparently as to such a person in light of these prerequisites.