Good faith
- Another condition that the plaintiff must meet is that he took the note in good faith and for its value, and at the time the note was traded for him, he had no knowledge that the property right of the trade was impaired. The requirement of good faith is subjective, the question is what the plaintiff knew when she received the check.
In the case at hand, the plaintiff called the defendant before executing the transaction, even though she is not legally obligated to do so (see Civil Case (Shalom Petah Tikva( 17043-03-20 M.G. Pai Financing Solutions Ltd. v. Arbiv A.Y. Construction Projects Ltd., [Nevo], December 7, 2023). The mere fact that check discounters sometimes commercially call the check drawer to make sure that he has no claims against the party close to the transaction, does not mean that their failure to do so constitutes bad faith. The engagement was intended for the purposes of the executor of the discount transaction, so that he would not be forced to be dragged into legal proceedings, as happened in this case.
In Civil Case (Shalom K.S.( 33410-12-16 Charlie Ben Margi v. Aliyah Amror, [Nevo], March 31, 2019, paragraph 13, the various approaches with respect to the scope of the mandatory mandatory of Menka Schick were detailed:
"The case law presented a range of approaches regarding the obligation of the withdrawer to make checks vis-à-vis the drawer of the check, and in practice, two main approaches emerged.
There are those who believe that like any other holder, there is no general obligation on the cashier to contact the drawer in order to find out if there was any defect in connection with the check. This determination is based on the need to avoid the burden on an ongoing trading life.
[See Civil Appeal 173/63 Tsang v. Sukhnolsky, IsrSC 17 1877, Civil Case (J.M.( 18953/01 Rotenberg Shlomo v. Shoshana Kurtz [Nevo] (22.1.03), Cell (Tel Aviv( 58498/03 Aviv Shani Finance Ltd. v. Shimon [Nevo] (8.3.05( Civil Case in Fast Trial (Acre( 4842-05-08 Awni v. Beit Hosen Ltd. [Nevo] (13.6.14), Civil Case in Fast Trial (I( 5060-08-10 Biton v. Kund [Nevo] (13 February 2014(