State of Minnesota v. Kristyn Nicole Schouweiler

Summary

The Minnesota Supreme Court considered whether a dishonored check used to pay past-due property taxes qualified for the statutory exception for a check given for a past consideration. The court held that the exception applies to a check given for goods or services received in the past, even if some goods or services will be received in the future, and concluded that property taxes supported by previously provided government services fell within the exception. The court reversed the court of appeals and affirmed dismissal of the criminal complaint.

Holdings

1. The statutory exception applies to any check given in payment for a good or service received in the past; the phrase has its common and ordinary meaning rather than its technical contract-law meaning.
2. A check issued for past-due property taxes qualifies as a check given for a past consideration when some government services funded by the property taxes had already been provided.

Questions Presented

1. Whether the phrase "a check given for a past consideration" in Minn. Stat. § 609.535, subd. 5, has its ordinary meaning or its technical contract-law meaning.
2. Whether a dishonored check issued to pay past-due property taxes qualifies as a check given for a past consideration because some government services funded by the taxes had already been provided.

Disposition

reversed