Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

THE FOLLOWING IS AN ESSAY QUESTION THAT REQUIRES A COMPLETE RESPONSE. A ONE, TWO, THREE OR FOUR PARAGRAPH RESPONSE IS NOT ACCEPTABLE. THE STUDENT IS

THE FOLLOWING IS AN ESSAY QUESTION THAT REQUIRES A COMPLETE RESPONSE.

A ONE, TWO, THREE OR FOUR PARAGRAPH RESPONSE IS NOT ACCEPTABLE. THE STUDENT IS EXPECTED TO ADDRESS THE RIGHTS OF EACH PARTY IN EACH STORY AND THE LAW THAT APPLIES TO THE ISSUES INVOLVED.

on May 1st, John issued a check to Dick for $ 100 for auto repairs.

On May 3rd,Dick endorsed the check to Bill ( "pay to Bill" ) in payment for cleaning.

Later, Bill changed the amount of the check to $ 1,000 .

On May 7th, Bill negotiated the check to Melvin in exchange for various pieces of used

and antique furniture. Melvin took in good faith and without notice.

On May 9th, John experienced problems with his motor vehicle and these were the very

same problems he paid Dick to fix. As a result, he wrote a letter to his bank, Citi Bank,

requesting that it "stop payment" on the check he issued to Dick for $ 100 and placed it

in a US mailbox.BUT, it contained the wrong address for the bank. Later that same day

John suffered a heart attack and died.

On May 15th, Melvin negotiated the check to Paul in payment of a debt and with the

words: "Pay to Paul. Without Recourse. Melvin."

On May 17th, Citi Bank was advised by John's family of his death.

On May 18th, Paul deposited the check with his bank, Capital One.

On May 19th, the check was received by Citi Bank for payment and at the same time, the

mailman delivered the mail including John's letter. The check was paid for $ 1,000.

In June, the Estate of John received the monthly check statement from Citi Bank and

discovered that a check issued by John for $ 100 had been honored for $ 1,000. It also

learned that John had attempted to "stop payment." The Estate consults you about its

rights and the rights of all parties.Discuss fully.

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

Constitutional Law For Criminal Justice

Authors: Jacqueline R. Kanovitz, Jefferson L. Ingram, Christopher J. Devine

15th Edition

1138601810, 978-1138601819

More Books

Students also viewed these Law questions