Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Provide information from thecourse materialto back up your point of view in 4-6 sentences. South Carolina Insurance Co. issued a draft to Kelvin Owens drawn

Provide information from thecourse materialto back up your point of view in 4-6 sentences.

South Carolina Insurance Co. issued a draft to Kelvin Owens drawn on the account of Seibels, Bruce Group at South Carolina National Bank. Owens regotiated the draft to First National Bank of Denham Springs, which paid him the entire amount and delivered it to South Carolina National Bank. The insurance company alleged fraud in Owens's claim and issued a stop-payment order. South Carolina National Bank did not honor the draft. The draft stated it was payable as follows: "Upon acceptance, pay to the order of Kelvin Ownes." South Carolina Insurance Co. was a wholly owned subsidiary of Seibels, Bruce Group. Therefore, South Carolina was both drawer and drawee. First National sued South Carolina for payment. South Carolina said the words "upon acceptance" made the draft conditional and therefore the draft was not negotiable; First National was not a holder in due course; and the defense of fraud could be raised. Was the draft conditional? [First National Bank of Denham Springs v. South Carolina Insurance Co., 432 So.2d 417 (La. Ct. App.)]

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Fundamentals Of Financial Accounting

Authors: Fred Phillips, Robert Libby, Patricia A Libby

3rd Edition

0073527106, 9780073527109

More Books

Students also viewed these Accounting questions