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Problem No. 1: Alex issued a check but does not deliver it. Beth stole it and filled up the amount and write her name as
Problem No. 1: Alex issued a check but does not deliver it. Beth stole it and filled up the amount and write her name as payee. Beth negotiated the check to Charlie who paid value therefore in good faith. Charlie presents it for payment to the drawee bank, but the bank refused to pay due to the timely stop order previously given by Alex. Charlie gave timely notice of dishonor to Alex and Beth. Question No. 1: Can Charlie collect from Alex the amount of the check? Question No. 2: Can Charlie run after Beth? Problem No. 2: Dorothy signed a check and placed it in her drawer. Before she went into a vacation, she told her helper Elmer that she has a check in the drawer, and he can used it in case there is a need to pay household expenses. She further instructed Elmer to just fill up the name of the payee in the check as well as the amount needed thereof before negotiating the instrument. Immediately after Dorothy left, Elmer got hold of the check, filled up the space for the payee with his own name, wrote the amount of P10,000.00, then indorsed and delivered it to Fatima who paid value therefore in good faith. As soon as Dorothy knew about it, she gave a stop payment order to the draw bank. When Fatima presented the check for payment, the drawee bank dishonored it. Fatima gave notice of dishonor to Elmer and Dorothy Question No. 1: Can Fatima run after Dorothy? Question No. 2: Under the same circumstances, Can Dorothy raise the personal defense of breach of trust on the part of Elmer against Fatima? Problem No. 3: Placido, a Banco De Oro bank depositor, left his checkbook on his house. Unknown to him, a visitor at the time, noticing the same, took a check therefrom, filled it up in the amount of P3,000.00 and succeeded in encashing the check on the same day. Placido's account was thereby debited in the same amount. Discovering the erroneous debit, Placido demanded that Banco De Oro credit him with a like amount. The Banco De Oro refused on the ground that Placido was negligent in leaving his checkbook on his desk so that he could not put up the defense of forgery or want authority under the Negotiable Instruments Law. The facts disclose that even to the naked eye, there were marked differences between Placido's signature and the one on the check forged by the visitor. Question No. 1: Between Placido and Banco De Oro, who should bear the loss? Question No. 2: What is, or are, the effect if any, on the forged signature of Placido on his check? Problem No. 4: A delivers a bearer instrument to B. B then specially indorses it up to C, and C later indorses it to D. E steals the instrument from D and forging the signature of D, succeeds in "negotiating" it to F who acquires the instrument in good faith and for value. Question No. 1: If, for any reason, the drawee bank refuses to honor the check, can F enforce the instrument against the drawer? Question No. 2: In case of the dishonor of the check by both the drawee and the drawer, can F hold any of B, C, and D liable secondarily on the instrument? Problem No. 5: Roland asked his agent Agnes to buy the car of Doctor Dizon. Roland issued a crossed check in the amount of P1,000,000.00 payable to Doctor Dizon. After several days receiving the check, Agnes did not show up and nothing was heard about her or the car which she was asked to buy. Thus, Roland made a stop payment order to his drawee bank. In the meantime, Agnes paid the same check to Doctor Dizon for his own medical bill in the amount of P100,000.00. Question No. 1: Is Doctor Dizon a holder in due course? Question No. 2: Can Doctor Dizon recover on the check
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