Question
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.
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