Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Requirements for HDC Status. Dennis Bowling was a friend and neighbor of David Dabney. Bowling had no indication that Dabney was financially troubled. Indeed, by

Requirements for HDC Status. Dennis Bowling was a friend and neighbor of David Dabney. Bowling had no indication that Dabney was financially troubled. Indeed, by all evidence, Dabney was quite well off: he owned four grocery stores; he drove a Cadillac; his wife owned a new sports car; he had race horses and lived in an expensive home. In the fall of 1983, Dabney admitted to Bowling that he had cash flow problems and borrowed $40,000 from Bowling. At the same time, Dabney proposed they become partners in his grocery business, and discussions concerning this prospect ensued over the following weeks. At one point, Dabney asked Bowling for a signed blank check that would be deposited with a new grocery supplier as security and would never be used without Bowlings consent. If it was, Dabney promised, he would reimburse Bowlings account appropriately. Shortly thereafter, Dabney dated and filled out Bowlings blank check for $10,606.79 and gave the check to his major supplier and creditor, E. Bierhaus & Sons. Dabney owed Bierhaus more than $400,000 for past deliveries; and after having received ten to twenty bad checks from Dabney, Bierhaus required cash or cashiers checks from Dabney for any deliveries. Dabney had told Bierhaus about the supposedly imminent partnership with Bowling, and under those circumstances, Bierhauss agent accepted the $10,606.79 check from Bowling in payment for a delivery of groceries. Bowlings check was returned to Bierhaus, as there were insufficient funds in Bowlings account to cover it. By this time, Dabney had filed for bankruptcy protection. Bierhaus sought to collect the amount of the check from Bowling. Is Bierhaus a holder in due course? [E. Bierhaus & Sons v. Bowling, 486 N.E.2d 598 (Ind.App. 1 Dist. 1985)]

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_2

Step: 3

blur-text-image_3

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

Computers In Medical Audit A Guide Commissioned By The West Midlands Regional Health Authority

Authors: R. Tyndall, Michael Rigby, Anne McBride, Chris Shiels

2nd Edition

1853151777, 978-1853151774

More Books

Students also viewed these Accounting questions