Posted: 10 Jan 2012 at 21:04 | IP Logged
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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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