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Subject Topic: HDC- Becker/CPAExcel Discrepancy (Topic Closed Topic Closed) Post ReplyPost New Topic
  
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Entourage
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Joined: 06 Dec 2011
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Posted: 10 Jan 2012 at 21:04 | IP Logged  

Hey guys, I came across nearly the same question from Becker and CPAExcel with 2 different answers.  Does anyone know which one is correct?  Thanks!

CPAExcel Version

A $5,000 promissory note payable to the order of Neptune is discounted to Bane by blank endorsement for $4,000. King steals the note from Bane and sells it to Ott who promises to pay King $4,500.

After paying King $3,000, Ott learns that King stole the note. Ott makes no further payment to King. Ott is:

Answer: A holder in due course to the extent of $3,000. 

Explanation: Since Ott did not pay the full amount, he is only an HDC to the extent that he actually paid, $3000.

Becker Version (CPA-02071)

A $5,000 promissory note payable to the order of Neptune is discounted to Bane by blank endorsement for $4,000. King steals the note from Bane and sells it to Ott who promises to pay King $4,500.

After paying King $3,600, Ott learns that King stole the note. Ott makes no further payment to King. Ott is:

Answer: A holder in due course to the extent of $4000.

Explanation: When the HDC pays part of the agreed upon value and then receives notice of a defense or claim, he is considered an HDC in proportion to the consideration paid toward the agreed upon price.  Here, Ott paid $3,600 of the $4,500 agreed upon price, so he is an HDC in 4/5s of the $5,000 note, or $4,000.


What do you guys think?  Actual amount paid or proportionate amount?  Thanks!


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perniva
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Posted: 12 Jan 2012 at 15:27 | IP Logged  

I found this on Beckers 2011 book (page R6-17) and apparently there is a thing called "Partial HDC".

A endorses a $20,000 promissory note, due in one year, to B in exchange for $12,000 and B's promise to give A $4,000 the following week.  Before B pays the additional $4,000, he is a partial HDC in proportion to the percent of the agreed upon value that was paid (12/16 x $20,000 = $15,000). 

Explanation: "One may be a partial HDC if part of the agreed upon value is executory (i.e. has not yet been given).  Here, HDC status is proportinal to the percentage of the agreed upon value that was paid." 



__________________
FAR 05/29/2011 #82
AUD 08/31/2011 #86
REG 11/29/2011 #72
REG 01/17/2012 #89
BEC 02/29/2012 #75

Becker 2011
TEXAS
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nambivar
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Posted: 17 Jan 2012 at 18:36 | IP Logged  

You may find this interesting:
http://www.law.cornell.edu/ucc/3/3-302.html
...(d) If, under Section 3-303(a)(1), the promise of performance that is the consideration for an instrument has been partially performed, the holder may assert rights as a holder in due course of the instrument only to the fraction of the amount payable under the instrument equal to the value of the partial performance divided by the value of the promised performance.
....

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