Question
1.) Lawrence and Georgene Kruser had a joint checking account with Bank of America. The bank had issued each of them ATM cards. The Kruser's
1.) Lawrence and Georgene Kruser had a joint checking account with Bank of America. The bank had issued each of them ATM cards. The Kruser's thought Lawrence's card has been destroyed in September, but their December bank statement showed an unauthorized withdrawal of $20 by someone using Lawrence's card. The next year, the Krusers discovered in September that the July and August bank statements showed 47 unauthorized withdrawals totaling $9,020. When the bank refused to reimburse them the Krusers sued. Does the bank have to reimburse them the $9,020?
2.) Allyard was given a paper on which was written:"This is to certify that I hold myself bound to pay Janice Allyard the sum of five hundred (500) Euros from my profit on the sale of my paintings.In the upper lefthand corner next to a large X and the words his mark was written "Sam Warner."Is this instrument negotiable? Explain why or why not.
3.) Madeline wrote out a check to Gardner to pay for some remodeling work including new windows on her house.The day after writing out the check there was a rainstorm.Every new window leaked.Furious, Madeline called her bank and ordered it to stop payment on the check.Two weeks later she wrote a letter to the bank confirming the stop payment order and mailed it.It took three days for the bank to get the letter and during that time Gardner presented the check at the bank and the bank paid it.Does Madeline have any recourse against the bank?
4.)Lorenzo executed a note to Haring in payment for a boat.Lorenzo made a payment on the note and asked Haring to produce the note and write on it to show that partial payment had been made.Haring could not find the note.Is the note discharged?
5.) George Avery sent a letter to Jim Whitworth. Printed on the stationary was the name of Avery's employer, V & L Manufacturing Co., and the words "George Avery, President." The letter stated, "This is your note for $45,000.00, secured individually and by our Company...." Avery had signed the letter. V & L did not pay the entire $45,000, so Whitworth sued Avery. Avery said the stationary showed V & L was the debtor and he signed only in a representative capacity. Must Avery pay?
What would be a good example of negotiating an instrument? Fully explain your answer.
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