On January 2, 2016, seventeen-year-old Martin paid ($2,000) for a used motorboat to use in his fishing

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On January 2, 2016, seventeen-year-old Martin paid \($2,000\) for a used motorboat to use in his fishing business, after Dealer’s fraudulent misrepresentation of the condition of the boat. Martin signed an installment contract for \($1,500\) and gave Dealer the following instrument as down payment:

Dated: ______ 2016 I promise to pay to the order of Dealer, six months after date, the sum of \($500\) without interest. This is given as a down payment on an installment contract for a motorboat.

(signed) Martin 

Dealer, on July 1, sold his business to Henry and included this note in the transaction. Dealer indorsed the note in blank and handed it to Henry, who left the note in his office safe. On July 10, Sharpie, an employee of Henry, without authority, stole the note and sold it to Bert for \($300,\) indorsing the note “Sharpie.” At the time, in Bert’s presence, Sharpie filled in the date on the note as February 2, 2016. Bert demanded payment from Martin, who refused to pay.
What are Bert’s rights against Martin?

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Business Law And The Regulation Of Business

ISBN: 9781305509559

12th Edition

Authors: Richard A. Mann, Barry S. Roberts

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