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Subject Topic: Bad question? (Topic Closed Topic Closed) Post ReplyPost New Topic
  
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kj_nyc
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Posted: 10 Jul 2009 at 15:02 | IP Logged  

bryris wrote:
My point with this is not to debate whether D is correct. But, the question could be construed to mean that the note is non negotiable since nothing was said to include elements of negotiability.

The fact that he endorsed it, doesn't make it negotiable.

Bryris, where did you get this problem from?  I also think it should be B because it was paid TO BLAKE and not TO THE ORDER OF BLAKE.  It is the front of the note that determines if it is a negotiable instrument, not the back of the note; you need those magic TO THE ORDER OF or TO BEARER words on the front of the note. ???

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bryris
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Posted: 10 Jul 2009 at 15:11 | IP Logged  

This was an AICPA question.

Glad to see someone shares my sentiments.


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arushi_13
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Posted: 10 Jul 2009 at 15:40 | IP Logged  

Bryris good thinking. But I m sorry I still disagree.

Choice b) does not deal with the note being negotiable or non-negotiable at all. It just simply says "No, Train does not have to pay Reed because the note was issued to Blake."
If the note is non-negotiable because of the missing magic words then it makes choice b wrong as a non-negotiable note cannot be negotiated by even Blake/Reed or whosoever.

I still do not think that there is anything in the Q that says the note is non-negotiable. Maybe if the Q says said in quotes Train issued a note payable as " To Blake" and choice b) said something about it being non-negotiable I would pick b.

This is just my opinion....


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bryris
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Posted: 10 Jul 2009 at 16:07 | IP Logged  

If the note were issued to Blake (assuming non negotiable), if it were given to Reed, the payor wouldn't have to pay Reed. That is what choice B says.

Anyways, the answer is D, I get why and did from the beginning. Just not a good question. Maybe that is why the AICPA through it out and put in out to public view.

Thanks for the input.


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