Question
Charter Bank of Gainesville had in its possession a note containing the following provision: This note with interest is secured by a mortgage on real
Charter Bank of Gainesville had in its possession a note containing the following provision: "This note with interest is secured by a mortgage on real estate, of even date herewith, made by the maker hereof in favor of said payee.... The terms of said mortgage are by this reference made a part hereof." When the bank sued on the note, it said that it was a holder of a negotiable instrument. Is this instrument nego- tiable? [Holly Hill Acres, Ltd. v. Charter Bank of Gainesville, 314 So. 2d 209
Is the following instrument negotiable?
I, Richard Bell, hereby promise to pay to the order of Lorry Motors Ten Thousand Dollars ($10,000) upon the receipt of the final distri- bution from the estate of my deceased aunt, Rita Dorn. This negotiable instrument is given by me as the down payment on my purchase of a 1986 Buick to be delivered in three weeks.
Richard Bell (signature).
The text of a handwritten note stated simply that "'I Robert Harrison owe Peter Jacob $25,000 ...,' /s/ Robert Harrison." Peter Jacob sought to use the handwritten note as a negotiable promissory note. Can he? [Jacob v. Harrison, 49 U.C.C. Rep. Serv. 2d 554 (Del. Super.)]
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access with AI-Powered Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started