Question
Bryce issues a $5,000 negotiable check that states payable to the order of Luke, cash or bearer. Luke signs her name on the back of
Bryce issues a $5,000 negotiable check that states payable to the order of Luke, cash or bearer. Luke signs her name on the back of the check. Luke then negotiates (transfers) the check to Carson. Given these facts, which of the following is generally correct?
a. Lukes signature on the back of the instrument was required in order for Carson to qualify or assert that he is a holder in due course.
b. Lukes signature on the back of the instrument is not required in order for the instrument to be properly negotiated/transferred to Carson and Carson be able to qualify or assert that he is a holder in due course.
c. The check was issued as a bearer instrument and Luke cannot convert it into an order instrument.
d. Luke must obtain Bryce's approval before negotiating/transferring the instrument to Carson.
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