Also known as:cashed · cashing · legal tender · currency
Written by attorneys — see sources below.
Money consisting of currency, coins, negotiable checks, and balances in bank accounts. It serves as immediately available funds for payment or exchange in legal transactions.
See Our Sources· 28 primary sources
Cases
Statutes
How its tested
Common Examples
6
Vehicle Search and Arrest
Charles Cunningham sat in the front seat of a car stopped by police. Officers discovered cocaine and stacks of cash in the vehicle. No occupant claimed ownership of the items. The presence of the cash alongside the drugs supplied probable cause for joint possession, allowing arrest of all occupants including Cunningham.
Curing Foreclosure Default
Cynthia Cortez received a foreclosure notice on her home. Two days before the sale she tendered the full amount due in cash to the lender. The payment cured the monetary default under the statute and halted the foreclosure proceedings.
Clifford Cox served as trustee of a family trust holding undeveloped land. He sold a parcel at a private sale and received payment entirely in cash. The transaction complied with the trustee's statutory power to acquire or sell property for cash.
Equity Jurisdiction Dispute
Cecilia Cabrera sued in federal court seeking an accounting of funds held by a corporate defendant. The complaint alleged that certain cash reserves had been improperly diverted. The court applied equitable principles to determine whether the cash constituted identifiable proceeds subject to restitution.
Guaranty Trust Co. v. York[326 U.S.] at 110
In May 1930 the Van Sweringen Corporation issued $30,000,000 in notes under an indenture naming Guaranty Trust Co. of New York as trustee with power to enforce noteholders' rights. In October 1930 Guaranty and other banks advanced large sums to companies affiliated with the Corporation and controlled by the Van Sweringens. When the Corporation could not meet its obligations, Guaranty participated in an exchange plan under which noteholders could surrender their notes for cash equal to 50 percent of face value plus twenty shares of Van Sweringen stock per $1,000 note; the offer remained open until December 15, 1931.
In 1934 respondent York received $6,000 of the notes as a gift from a donor who had not accepted the exchange offer. In April 1940 three accepting noteholders filed the Hackner suit in federal court charging Guaranty with fraud and misrepresentation in connection with the exchange. York's motion to intervene was denied, and summary judgment for Guaranty was affirmed on appeal.
On January 22, 1942, after her exclusion from the Hackner litigation, York filed the present class action in the United States District Court for the Southern District of New York on behalf of non-accepting noteholders. The complaint, resting exclusively on diversity of citizenship, alleged that Guaranty had breached its trust by failing to protect noteholders' interests when it assented to the exchange offer and by failing to disclose its own self-interest.
The district court granted Guaranty's motion for summary judgment on the authority of the Hackner decision. The Circuit Court of Appeals reversed, holding that a federal court sitting in equity is not required to apply the New York statute of limitations that would govern an identical suit in the New York state courts. The Supreme Court granted certiorari.
Carmen Choi owned a bakery and paid bakers in cash for overtime hours exceeding statutory limits. Employees challenged the arrangement under state law. The dispute centered on whether cash payments satisfied or evaded wage and hour requirements.
Lochner v. New York198 U.S. 45 (1905)
The New York legislature passed a labor law in 1897 that regulated bakeries and confectionery establishments.
Section 110 of article 8 of that law stated that no employee shall be required or permitted to work more than sixty hours in any one week or more than ten hours in any one day.
This applied unless for the purpose of making a shorter work day on the last day of the week.
The plaintiff in error violated the one hundred and tenth section of article 8, chapter 415, of the Laws of 1897, known as the labor law of the State of New York, in that he wrongfully and unlawfully required and permitted an employe working for him to work more than sixty hours in one week. The charge arose from a voluntary contract rather than any use of physical force.
The judgments of the County Court of Oneida County, the Supreme Court, and the Court of Appeals of New York upheld the conviction under the statute, although several judges dissented. The record indicated that the state courts had viewed the law as a measure relating to public health.
The case came before the Supreme Court of the United States after argument on February 23 and 24, 1905. The Court rendered its decision on April 17, 1905.
Charlotte Chung purchased coastal lots intending to build homes. A new statute barred construction and left the parcels without economic use. Chung argued that the regulation took the value of her investment, including cash outlays for the land purchase, without just compensation.
Lucas v. South Carolina Coastal Council505 U.S. 1003 (1992)
In 1986, petitioner David H. Lucas purchased two residential lots on the Isle of Palms in Charleston County, South Carolina, for $975,000. He intended to construct single-family homes on the parcels, which at the time were zoned for such use and required no building permit for development. No portion of the lots qualified as a critical area under then-existing coastal zone legislation.
Subsequently, in 1988, the South Carolina Legislature enacted the Beachfront Management Act. The legislation established a baseline and prohibited construction of occupable improvements seaward of a line drawn 20 feet landward of that baseline, directly affecting Lucas's parcels by barring any permanent habitable structures.
Lucas filed an action in the Court of Common Pleas alleging that the Act's restrictions effected a taking of his property without just compensation. Following a bench trial, the court determined that the prohibition rendered the lots valueless and ordered the state to pay just compensation in the amount of $1,232,387.50.
The Supreme Court of South Carolina reversed the trial court's judgment. It accepted the legislature's findings that new construction threatened public resources and concluded that a regulation designed to prevent serious public harm could not constitute a taking.
The United States Supreme Court granted certiorari to review the South Carolina Supreme Court's decision.
Does tender of cash cure a monetary default under the Uniform Home Foreclosure Procedures Act?
Yes. The statute expressly permits cure by tendering payment in cash after notice and no later than two days before a scheduled foreclosure sale.
May a trustee sell trust property for cash under the Uniform Trust Code?
Yes. Section 816(2) authorizes a trustee to acquire or sell property for cash or on credit at public or private sale.
When contraband and cash are found in a vehicle with multiple occupants, what does the Supreme Court permit?
Police may have probable cause to arrest any or all occupants for joint possession when no one admits ownership of the cash or contraband.
381 U.S. 479 (1965)
…v. Walton , 368 U. S. 25, 26 (DOUGLAS, J., dissenting). : The phrase "right to privacy" appears first to have gained currency from an article written by Messrs. Warren and (later Mr. Justice) Brandeis in 1890 which urged that States should give some form of tort relief to persons whose private affairs were…