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CASE PROBLEMS 10. R & A Concrete Contractors, Inc., executed a promissory note that identifies both R & A Concrete and Grover Roberts as its

CASE PROBLEMS 10. R & A Concrete Contractors, Inc., executed a promissory note that identifies both R & A Concrete and Grover Roberts as its makers. On the reverse side of the note, the following appears: "X John Ament Sec. & Treas." National Bank of Georgia, the payee, now sues both R & A Concrete and Ament on the note. What rights does National Bank have against R & A and Ament? 11. On August 10, 2014, Theta Electronic Laboratories, Inc., executed a promissory note to George and Marguerite Thomson. Six other individuals, Gerald Exten, Emil O'Neil, James Hane, and their wives also indorsed the note. The Thomsons then transferred the note to Hane on November 26, 2016. Although a default occurred at this time, it was not until April 2017 that Hane gave notice of the dishonor and made a demand for payment on the Extens as indorsers. Are the Extens liable under their indorser's liability? 12. Attorney Eliot Disner tendered a check for $100,100 to Sidney and Lynne Cohen. In drawing the check, Disner was serving as an intermediary for his clients, Irvin and Dorothea Kipnes, who owed the money to the Cohens as part of a settlement agreement. The Kipneses had given Disner checks totaling $100,100, which he had deposited into his professional corporation's client trust account. After confirming with the Kipneses' bank that their account held sufficient funds, Disner wrote and delivered a trust account check for $100,100 to the Cohens' attorney, with this note: "Please find $100,100 in settlement (partial) of Cohen v. Kipnes, et al[.] Per our agreement, delivery to you constitutes timely deliv- ery to your clients." Also typed on the check was a notation identifying the underlying lawsuit. Without Disner's knowledge, the Kipneses stopped payment on their checks, leaving insufficient funds in the trust account to cover the check to the Cohens. The trust account check therefore was not paid due to insufficient funds, the Kipneses declared bankruptcy, and the Cohens served Disner and his professional corporation with demand for payment. The Cohens sought the amount written on the check plus a $500 statutory pen- alty. Explain who should prevail and why. 13. Vincent Medina signed a check in the amount of $34,348 written on the account of First Delta Financial, a family corporation owned and controlled by Medina. His corporate title did not appear before his signature. He issued the check to James G. Wyche. The check was dishonored for insufficient funds. First Delta Financial is in bankruptcy. Wyche contends that Medina is personally liable because Medina signed the check without indicat- ing his corporate capacity below his signature. Medina argues that he is not personally liable on account of hav- ing signed the check. Explain who should prevail

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