respond to main question and student need by tuesday
tedy.rRespnd to the main question and student in one paragraph
Here is the main question respond to it
For this week's discussion, post a response to the following case study:
Tabler was the payee on a negotiable note for $5,000 executed by Molitor. Tabler indorsed the note to Diaz in payment of $4,900. Diaz gave the note to her niece, Sally, as a birthday gift. When the note came due, the niece sought $5,000 from Molitor.
Molitor said that since Sally had not paid value for the note, she was not a holder in due course, and Molitor could raise a limited defense he had against Tabler, against Sally.
Discuss whether or not Molitor can do this.
Here is the student respond to it
The note not being fully paid is irrelevant. However, Molitor could raise a defense. But the strength would be determined by the conditions of the note. I believe that Tabler had the right to endorse it over Diaz and Diaz to give it to her niece. Molitor was given money and promised to pay that money back at a certain period. Once the period has expired the money is required to be paid. As long as the above actors moved legally there should be no questions that Molitor owes Sally the 5000 dollars plus interest.
- 11 years ago
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