[Check Issues] Kelsey Owns and Operates a Currency Exchange

question 73

Multiple Choice

[Check Issues] Kelsey owns and operates a currency exchange.A regular customer,Rafe,comes in and cashes a $2,000 check issued by ABC Trucking.The day after Kelsey cashed the check,she received a notice from ABC Trucking that some checks had been stolen.It was later discovered that the checks she cashed for Rafe had been stolen.At the time she took the check,Kelsey was very busy with several customers in line.She simply glanced at the check and cashed it.A reasonable examination would have revealed that the check had been materially altered and changed from the amount of $200 to $2,000.Kelsey decided that she needed to hire some people to help her because she also had a problem with another check.On the same day that she took Rafe's check,she took a check from another customer,Brett.It was later discovered that the check,which was four months old,was the subject of a dispute between Brett and the issuer of the check for whom Brett had done some work.The issuer claimed that the work was improperly done.Both ABC Trucking and the issuer of the check to Brett had stopped payment on the checks.Kelsey claimed that as a holder in due course,she was entitled to payment on both checks.
-What is the effect of Kelsey receiving notice the day after she cashed the check for Rafe that the check had been stolen?

• A)The notice prevents her from being a holder in due course only if Rafe had been convicted of check cashing offenses in the past since she should have checked his criminal record.
• B)The notice has no effect on her status as holder in due course because it was provided after she cashed the check.
• C)The notice prevents her from being a holder in due course because it was presented to a business;only individuals can avoid the effect of notice of theft by cashing a check prior to receiving notice.
• D)The notice prevents her from being a holder in due course only if she subjectively knew that Rafe had been charged criminally with check cashing violations in the past.
• E)The notice prevents her from being a holder in due course.

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Definitions:

Voidable

Voidable is a legal term describing a contract or transaction that may be valid but can be annulled by one of the parties due to certain deficiencies.

Undue Influence

A situation where an individual is able to persuade another's decisions due to the relationship between the two parties, often leading to an unfair advantage.

Dominant Person

An individual or entity in a position of power or influence over others, often within a legal or business context.

Mistakes

Errors or inaccuracies in actions or judgments.