[Diamond Earrings] Lena Ordered a Pair of Diamond Earrings from Uptown

question 68

Multiple Choice

[Diamond Earrings] Lena ordered a pair of diamond earrings from Uptown Jewelry Store. She paid in advance because the sales clerk told her that the store would have to pay the supplier before the earrings could be shipped. Later that day, Lena found out from a friend of hers that Uptown Jewelry Store was in financial trouble. Lena was concerned and immediately called her bank and issued a stop-payment order on the check she wrote to Uptown Jewelry Store. She gave the bank all of the correct information orally needed to stop payment on the check. The bank, however, did not stop payment on the check. The check was paid, Uptown Jewelry Store went bankrupt, and Lena was unable to get either her money or the earrings from Uptown Jewelry Store. Lena asked the bank manager for a refund of the check amount. The bank manager told her that the stop-payment order was not good because it was oral and that in any event, under the UCC, banks are not liable for failing to stop payment on a check. The bank manager further told Lena that the bank was a holder in due course, and that Lena is liable for any damages sustained by Uptown Jewelry Store or the bank based upon her attempt to stop payment on the check.
-Which statement is correct regarding the bank manager saying that the bank was a holder in due course, and that stop-payment orders could not affect the right of a holder in due course to collect?

• A) The bank manager is wrong.
• B) The bank manager is correct only if he can establish that the bank employee who actually paid the check had no knowledge of the stop-payment order.
• C) The bank manager is correct unless Lena can affirmatively prove that the bank employee who actually paid the check had knowledge of the stop-payment order.
• D) The bank manager is correct unless Lena can prove fraud in the factum on the part of Uptown Jewelry.
• E) The bank manager is correct unless Lena can prove fraud in the factum on the part of Uptown Jewelry and that the bank was aware of the fraud.

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Definitions:

Molecular Phylogenies

The use of molecular data to construct evolutionary trees that represent the relationships among different species or organisms.

DNA Sequence

The precise order of nucleotides within a DNA molecule, determining genetic information.

Introns

Non-coding sections of a gene that are removed from the RNA transcript before it is translated into protein, playing roles in gene expression regulation and evolution.

Exons

Sequences of DNA within a gene that are transcribed to messenger RNA and then translated into protein.