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B.
Yes. As a general rule, the drawee is not liable
under the check because there is no privity of
contract between XYZ Marketing, as payee,
and ABC Bank as the drawee bank. However, if
the action taken by the bank is an abuse of
right which caused damage not only to the
issuer of the check but also to the payee, the
payee has a cause of action under quasi-delict.
Defenses; Forgery (2004)
CX maintained a checking account with UBANK,
Makati Branch. One of his checks in a stub of
fifty was missing. Later, he discovered that Ms.
DY forged his signature and succeeded to
encash P15,000 from another branch of the
bank. DY was able to encash the check when
ET, a friend, guaranteed due execution, saying
that she was a holder in due course. Can CX
recover the money from the bank? Reason
briefly. (5%)
SUGGESTED ANSWER:
Yes, CX can recover from the bank. Under
Section 23 of the Negotiable Instruments Law,
forgery is a real defense. The forged check is
wholly inoperative in relation to CX. CX cannot
be held liable thereon by anyone, not even by
a holder in due course. Under a forged
signature of the drawer, there is no valid
instrument that would give rise to a contract
which can be the basis or source of liability on
B.
No. Even though Marie is a holder in due
course, this is an incomplete and undelivered
instrument, covered by Section 15 of the
Negotiable Instruments Law. Where an
incomplete instrument has not been delivered,
it will not, if completed and negotiated without
authority, be a valid contract in the hands of
any holder, as against any person, including
Jun, whose signature was placed thereon
before delivery. Such defense is a real defense
even against a holder in due course, available
to aparty like Jun whose signature appeared
prior to delivery.
Negotiability; Holder in Due Course
(1992)
Perla brought a motor car payable on
installments from Automotive Company for
P250th. She made a down payment of P50th
and executed a promissory note for the
balance. The company subsequently indorsed
the note to Reliable Finance Corporation which
financed the purchase. The promissory note
read: For value received, I promised to pay
Automotive
Company or order at its office in Legaspi City,
the sum ofP200,000.00 with interest at twelve
(12%) percent per annum, payable in equal
installments of P20,000.00 monthly for ten
(10)months starting October 21, 1991.Manila
September 21, 1991.(sgd) Perla
b.
Only B and C can be held liable by F. The
instrument at the time of the forgery was
payable to bearer, being a bearer instrument.
Moreover, the instrument was indorsed in
blank by C to D. D, whose signature was forged
by E cannot be held liable by F.
Negotiable Instruments; bearer
instruments; liabilities of maker and
indorsers (2001)
A issued a promissory note payable to B or
bearer. A delivered the note to B. B indorsed
the note to C. C placed the note in his drawer,
which was stolen by the janitor X. X indorsed
the note to D by forging Cs signature. D
indorsed the note to E who in turn delivered
the note to F, a holder in due course, without
indorsement. Discuss the individual liabilities to
F of A, B and C.(5%)
SUGGESTED ANSWER:
A is liable to F
. As the maker of the promissory note, A is
directly or primarily liable to F, who is a holder
in due course. Despite the presence of the
special indorsements on the note, these do not
detract from the fact that a bearer instrument,
like the promissory note in question, is always
negotiable by mere delivery, until it is indorsed
restrictively For Deposit Only.
B
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
SAMPLE
NOT AVAILABLE
NPC vs CA (2004)
Mariam Allyssa M. Pacote
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
RA 10530
Mariam Allyssa M. Pacote
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
Liabilities of a Lawyer
Mariam Allyssa M. Pacote
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
PD 1083
Mariam Allyssa M. Pacote
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
Civil Pro Cases
Mariam Allyssa M. Pacote
PURCHASE ONLY
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
Crim Case Digest
Mariam Allyssa M. Pacote
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
Bascos vs CA
Mariam Allyssa M. Pacote
Laurel vs Misa
Mariam Allyssa M. Pacote
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
cases in criminal law
Mariam Allyssa M. Pacote
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
Antonio vs Reyes
Mariam Allyssa M. Pacote
PURCHASE ONLY
SAMPLE
NOT AVAILABLE
crim1 mcq
Mariam Allyssa M. Pacote