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Old 12-14-2005
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Default Restaurant cashed deposit check in error

HI, I am new to this and am not sure if I am posting this in the right place. I reserved a table at a small restaurant for 25 people (Kemah, Texas). The owner/mgr who also was a friend told me he usually did not ask for a deposit but since he had a good band that night he wanted to make sure our party showed up. All 25 people showed and stayed all night for dinner and drinks. Over a month passed and he deposits my check. I called left msg and told him not to do it again. I thought he did it in error. He redeposited the check. I finally got him on the phone and he said it was policy. I reminded him of what he told me, that he usually did not collect deposits but needed to for the particular band. He said if that was the way I wanted to interprete the conversation then so be it. There is no way I would have paid $100 to have a party at this place, why would I? I did not get a break on the cost of food or drinks and if it had not been for my party there, he would not have had the money to pay the band at the end of the night as it was. It states clearly on the check that it was a deposit to hold the table. Do I have any legal right to get this money back. I think the man could not pay his bills at the end of the month an decided to cash my check.
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