2. Comment briefly on the provisions described in these instruments as to their bearing on negotiability. In each instance, the other portions of the instrument are in proper form. a. A bill of...

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Comment briefly on the provisions described in these instruments as to their bearing on negotiability. In each instance, the other portions of the instrument are in proper form.




2. Comment briefly on the provisions described in these instruments as to their bearing on negotiability. In each instance, the other portions of the instrument are in proper form.  a. A bill of exchange drawn by Y on Z directs Z to pay $1,000 to the order of A and charge this amount to Y’s “Book Fund.” Answer: b. The XYZ Company (a partnership) signed a note promising to pay $1,000 and bearing the notation “limited to payment out of the entire assets of the maker.” Answer: c. X signed a note promising to pay $5,000 or deliver 100 barrels of oil at the option of the holder. Answer: d. One of the notes is payable “five days after the death of the maker.” Answer: e. A note contains the following notation: “with interest at bank rates.” Answer:  3. Moira executed a note and a purchase money mortgage to Al. Al negotiated the note to Tiger Bank. The note contained the following stipulation: “This note with interest is secured by a mortgage on real estate, of even date herewith, made by the maker hereof in favor of the said payee. The terms of said mortgage are by this reference made a part hereof.” Is the note negotiable? Explain. Answer: 4. Skyblast Freight executed a note that contained the following provisions: “This note is payable only from the proceeds of the sale of the Skyblast Freight Building.” Is the note negotiable? Why or why not? Answer: 5. An employer gave the Pension Fund Company a note stat-ing that the employer promises to pay Pension Fund Company “all current contributions as they become due under the collective bargaining agreement in addition to the sum of $15,606.44 with interest.” Is this note negotiable? Why or why not? 6. Horace Brace has in his possession the following instrument: November 1, 2017 I, Walter Forgel, hereby promise to pay Charles Smidlap ONE THOUSAND DOLLARS ($1,000.00) one year after date. This instrument was given for the purchase of FIVE HUNDRED (500) shares of Beefsteak Mining Corporation. Interest at 10 percent. [Signed] Walter Forgel Horace Brace purchased the instrument from Charles Smidlap at a substantial discount. Smidlap specializes in the sale of counterfeit mining stock. Walter Forgel is one of his innocent victims. What are the rights of Brace against Forgel on the instrument? Explain. Answer: 7. Roberts was a holder in due course of a properly drawn check payable to “Bearer.” He endorsed the check as follows: Pay to the order of Wilson Hall without recourse. [signed] Peter Roberts What type of endorsement did Roberts make? If Hall wishes to negotiate the instrument, what is required? Explain. Answer: 8. Casey held a negotiable instrument payable to his order. He transferred the instrument to Dale for value. At the time of transfer, Casey failed to endorse his name on the back of the instrument, and Dale accepted the instrument as given to him. What rights does Dale have on the instrument? Explain. Answer: 9. Quincy signed a promissory note payable to the order of Unger, who endorsed the note in blank over to Pritchard. Pritchard then transferred the note to Truax by delivery. Is Truax a holder of the instrument? Why or why not? Answer: 10. Byron issued a check payable to the order of Garcia, who lost it without endorsing it. Can a finder of the check negotiate it? Why or why not? Answer:
Answered 1 days AfterMar 18, 2021

Answer To: 2. Comment briefly on the provisions described in these instruments as to their bearing on...

Riddhi answered on Mar 20 2021
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2. Comment briefly on the provisions described in these instruments as to their bearing on negotiability. In each instance, the other portions of the instrument are in proper form.
 a. A bill of exchange
drawn by Y on Z directs Z to pay $1,000 to the order of A and charge this amount to Y’s “Book Fund.”
Answer: A negotiable instrument is an instrument that can be transferred freely either by delivery or endorsement. As the bill of exchange ca be freely transferred and endorsed it is valid negotiable instrument.
b. The XYZ Company (a partnership) signed a note promising to pay $1,000 and bearing the notation “limited to payment out of the entire assets of the maker.”
Answer: A Note is negotiable only in the event wherein payment of $1000 is payable out of the proceeds from the sale of assets, so this restricts the use of note but negotiable in future only when such an event occurs.
c. X signed a note promising to pay $5,000 or deliver 100 barrels of oil at the option of the holder.
Answer: Promissory note is an instrument wherein an amount is payable in future if the event occurs or does not occur. X shall deliver 100 barrels of oil or pay $5000 which says that X shall make payment of $5000 if unable to deliver 100 barrels of oil.
d. One of the notes is payable “five days after the death of the maker.”
Answer: Any instrument or promissory note contingent on happening or not happening of an event is not a negotiable instrument. Any unconditional promise to pay a certain sum of money contingent upon death shall not be considered negotiable instrument.
e. A note contains the following notation: “with interest at bank rates.”
Answer: It is a valid negotiable instrument as the condition is clearly specified on the note and is providing specific instruction for payment.
3. Moira executed a note and a purchase money mortgage to Al. Al negotiated the note to Tiger Bank. The note contained the following stipulation: “This note with interest is secured by a mortgage on real estate, of even date herewith, made by the...
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