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5 Cards in this Set
- Front
- Back
Holder vs Indorser or Transferor
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1) Indorser liability also referred to as contract liabliity
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Prerequisites to liability
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1) Presentment- 30 day limit
2) Dishonor 3) Notice of dishonor |
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Liability of indorser
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Triggered by inducing the instrument
Effect of qualified indorsement |
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Cause of action: breach of transfer warranty
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Five transfer warranties
1) Made by (potential defendants) anyone who transfers for consideration 2) Run to (potential plaintiffs) immediate transferee and to all subsequent transferee if transfer is by indorsement |
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5 transfer warranties (first 3 most tested)
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1) Good title
2) genuine signature 3) No material alteration 4) No defenses 5) No knowledge of insolvency proceeding |