Tricky!!!
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:
a.An ordinary holder to the extent of $0.
b.A holder in due course to the extent of $4,000. — CORRECT
c.A holder in due course to the extent of $5,000.
d.A holder in due course to the extent of $3,600.
Explanation
Choice “b” is correct. Because the note was endorsed in blank, the note can be transferred by delivery alone; so,Ott became a holder of the note when King delivered the note to him. To become a holder in due course (“HDC”), Ott had to take the note for value, in good faith and without notice of any defense or claim on the note. Where, as here, the holder 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 with respect to $3,600/$4,500 (4/5) of the $5,000 note: $4,000.
FAR - 78
REG - 72,74,71...please just go away REG nobody likes you!
BEC - 82
AUD - Aug 16