On September 2, 2015, Levine executed a mortgage bond under which she promised to pay the Mykoffs
Question:
On September 2, 2015, Levine executed a mortgage bond under which she promised to pay the Mykoffs a preexisting obligation of $54,000. On October 14, 2021, the Mykoffs transferred the mortgage to Bankers Trust Co., indorsing the instrument with the words “Pay to the Order of Bankers Trust Company Without Recourse.” The Lincoln First Bank, N.A., brought this action asserting that the Mykoffs’ mortgage is a nonnegotiable instrument because it is not payable to order or bearer; thus, it is subject to Lincoln’s defense that the mortgage was not supported by consideration as an antecedent debt is not consideration. Is the instrument payable to order of bearer? Discuss.
Step by Step Answer:
Smith And Roberson Business Law
ISBN: 9780357364000
18th Edition
Authors: Richard A. Mann, Barry S. Roberts