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18 January, 08:18

Margo Maker executed and delivered a negotiable promissory note for $10,000 to Acme Bank and Trust. The note, while in Acme's possession, was altered from $10,000 to $100,000. Acme sold the altered note to Wherever Life Insurance Company for $95,000. The endorsement from Acme to Wherever is without recourse. Wherever Life Insurance Company then sells the note to Harrison Holder for $95,000. Wherever's endorsement to Harrison Holder is without recourse and warranty. At maturity, Harrison Holder presents the note to Margo Maker for payment. Can Harrison Holder recover $100,000 from Margo Maker? Does Harrison Holder have a right to recover against Acme Bank and Trust? Does Harrison Holder have a right to recover against Wherever Life Insurance Company?

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  1. 18 January, 09:27
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    The answer is no

    Explanation:

    1) First of all, Harrison Holder cannot recover $100,000 from Margo Maker because it's figures has been altered from $10,000 to $100,000 which automatically voids the contract, albeit it wasn't stated if it was sold without recourse.

    2) Secondly, Harrison Holder has no right to reclaim against Acme Bank and Trust because, He wasn't the original purchaser of the note and thus, there would have been flaws in the note in the process of transfer of ownership. Also it was sold without recourse which makes it impossible to seek redress.

    3) Harrison Holder has no right to recover from Wherever Life Insurance Company because the note was sold without recourse and this violates any form of repayment.
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Home » Business » Margo Maker executed and delivered a negotiable promissory note for $10,000 to Acme Bank and Trust. The note, while in Acme's possession, was altered from $10,000 to $100,000. Acme sold the altered note to Wherever Life Insurance Company for $95,000.
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