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4. A Corporation draws a check payable to First Bank. The check is given to an officer of Corporation (known to Bank), who is instructed
4. A Corporation draws a check payable to First Bank. The check is given to an officer of Corporation (known to Bank), who is instructed to deliver it to Bank in payment of a debt owed by Corporation to Bank. Instead, the officer, intending to defraud Corporation, delivers the check to Bank in payment of his personal debt. Bank has received funds of Corporation that have been used for the personal benefit of the officer. Corporation asserts a claim to the proceeds of the check against the Bank. Is Bank an HDC of the check?
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