[House Painting] Graciela Reyes Signed a Check Agreeing to Pay

question 63

Multiple Choice

[House Painting] Graciela Reyes signed a check agreeing to pay, "Annie Greene, Marney Harris," $1,000. The payment was for painting her house. A problem with the note was that it spelled Annie's last name, "Greene," whereas Annie spells it simply, "Green." Annie and Marney were having a disagreement regarding how to split up the funds for painting the house. Annie proceeded to sign the check on the back, "Annie Green," and presented it to Hiro Murakami to satisfy a debt that she owed him. Hiro Murakami endorsed the check on the back, "Hiro Murakami, without recourse," and gave it to his nephew, Nate, who took it to the bank for payment. Meanwhile, Graciela has stopped payment on the check because, following a rainstorm, all the paint on the house looked spotted. Marney is unhappy because she did not obtain any of the funds and stated that Annie could not legally endorse the instrument because it misspelled her name and also because she, Marney, did not sign it.
-Which statement is true regarding the status of Nate?

• A) He is not a holder in due course because he did not provide value.
• B) He is not a holder because he did not provide value.
• C) He is not a holder nor is he a holder in due course because he did not provide value.
• D) The fact that a gift was involved does not prevent Nate from being a holder in due course so long as other requirements are satisfied.
• E) The fact that a gift was involved does not prevent Nate from being a holder in due course so long as other requirements are satisfied and Nate is not a minor.

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Definitions:

Phobias

An extreme or irrational fear of or aversion to something, significantly impacting one's daily life.

Obsessive-Compulsive

Relating to a disorder characterized by repetitive thoughts (obsessions) and behaviors (compulsions) that are perceived as necessary to relieve anxiety.

Learning Perspective

A viewpoint that emphasizes the importance of experience and behavior, suggesting that learning is the central route through which behavior changes.

Fear of Heights

An intense fear or phobia of being in high places or experiencing high elevation.