Question: Stewart P. Blanchard borrowed $ 50,000 from Progressive Bank & Trust Company (Progressive) to purchase a home. As part of the transaction, Blanchard signed a

Stewart P. Blanchard borrowed $ 50,000 from Progressive Bank & Trust Company (Progressive) to purchase a home. As part of the transaction, Blanchard signed a note secured by a mortgage. The note provided for a 10 percent annual interest rate. Under the terms of the note, payment was “due on demand, if no demand is made, then $ 600 monthly” beginning at a specified date. Blanchard testified that he believed Progressive could demand immediate payment only if he failed to make the monthly installments. After one year, Blanchard received notice that the rate of interest on the note would rise to 11 percent. Despite the notice, Blanchard continued to make $ 600 monthly payments. One year later, Progressive notified Blanchard that the interest rate on the loan would be increased to 12.75 percent. Progressive requested that Blanchard sign a form consenting to the interest rate adjustment. When Blanchard refused to sign the form, Progressive demanded immediate payment of the note balance. Progressive sued Blanchard to enforce the terms of the note. Is the note a demand instrument? Did either party act unethically in this case? Blanchard v. Progressive Bank & Trust Company, 413 So. 2d 589, 1982 La. App. Lexis 7213 (Court of Appeal of Louisiana)

Step by Step Solution

3.33 Rating (162 Votes )

There are 3 Steps involved in it

1 Expert Approved Answer
Step: 1 Unlock

Yes the promissory note signed by Stewart Blanchard when he borrowed 50000 from Progressive Bank and ... View full answer

blur-text-image
Question Has Been Solved by an Expert!

Get step-by-step solutions from verified subject matter experts

Step: 2 Unlock
Step: 3 Unlock

Document Format (1 attachment)

Word file Icon

508-L-B-L-L-E (2856).docx

120 KBs Word File

Students Have Also Explored These Related Business Law Questions!