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bryris
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Posted: 09 Jul 2009 at 23:18 | IP Logged  

Train issued a note payable to Blake in payment of contracted services that Blake was to perform. Blake endorsed the note "pay to bearer" and delivered it to Reed in satisfaction of a debt owed Reed. Train refused to pay Reed on the note because Blake had not yet performed the services. Under the Negotiable Instruments Article of the UCC, must Train pay Reed?

a. No, Train does not have to pay Reed until the services are performed.
b. No, Train does not have to pay Reed because the note was issued to Blake.
c. Yes, Train has to pay Reed because the note was converted into bearer paper.
d. Yes, Train has to pay Reed because Reed was a holder in due course.


I just wanted to get yall's take on this question. The answer is (d), but I was torn between both (b) and (d). It says the note was issued TO BLAKE. Not to his order. There is such thing as a non negotiable note right? There must be words of negotiability on a note. I also see that (d) is a perfectly fine answer. But, on the real test, how can one discern?




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arushi_13
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Posted: 10 Jul 2009 at 00:36 | IP Logged  

My take on it...

Surely the note was payable to Blake but when Blake endorsed it " pay to bearer" he made it bearer paper which can be negotiated by DELIVERY alone. Also, in my opinion what makes a note negotiable or non-negotiable is whatever is on the front/face of the note when it was created. Endorsements cannot create or destroy negotiability.

Also,Train's defense against Blake is PERSONAL (there is a lack of consideration as Blake did not perform the services)and Train cannot raise it against Reed because Reed is a HDC. Train MUST pay him.


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caixinran
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Posted: 10 Jul 2009 at 13:44 | IP Logged  

Performance of the contract is just a PERSONAL DEFENSE. Not
a real defense for a HDC.



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bryris
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Posted: 10 Jul 2009 at 14:21 | IP Logged  

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.


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xavier16
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Posted: 10 Jul 2009 at 14:56 | 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.

I think you are overanalyzing it. the problem was not directing at the negotiability of the note per se. If it had, it would have given more information about it. The issue really was on the endorsement and whether it was negotiated properly. In the exam, you choose the "best" answer given the circumstances.

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