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- Joy steals a check from Kyle, forges his signature, and transfers the check to Loco Loans, Inc. for value. Unaware that the signature is not Kyle’s, Loco Loans presents the check to Metro Bank, the drawee, which cashes the check. Kyle discovers the forgery and insists that Metro recredit his account. Can Metro refuse? If not, from whom can the bank recover?Sondra and Neil Kumaraperu owned a private day-care center and preschool. The preschool maintained a checking account and an operating account, but only Neil and Ranjini Niyarapola (a former owner) were on the signature cards. after Neil’s death, Sondra discovered that the school’s director had inadvertently deposited a check for the operating account into the checking account. so she wrote a check out to herself, signed Niyarapola’s name, and deposited it into the operating account. Was the check issued?On July 4 just before leaving the house to walk to the bus stop to grab a bus for the beach (Kyle still had Harvey’s car), Harvey opened his mail to find a termination notice from his employer. Harvey is now unable to pay Alexa, Anthony’s, Kyle, or any of his other creditors. Meanwhile, on July 3 Anthony’s had transferred the note made to him by Harvey to Dom, a supplier, in settlement of money owed by Anthony’s to Dom. Dom did not know Harvey, nor did he have any information that would indicate that Harvey would not pay on the note. Regarding the note transferred to Dom, if Dom sues to get paid he should prevail against any proved a. real defense b. personal defense c. impersonal defense d. defense
- Kim Kardashian borrowed $200,000 from Big Bank to buy inventory to sell in her make-up shop. She signed a security agreement for the bank listing the entire present and future inventory in the make-up shop, including proceeds from the sale of inventory as collateral. Big Bank never filed a financing statement. A month later, Kim borrowed $50,000 from Kanye Creditor, who was aware of Big Bank’s security interest. Kim Kardashian then defaulted on both loans and declared bankruptcy. Who has priority, Big Bank or Kanye Creditor?Marge sold her car to Rupert, her very good friend on credit for $100,000. He paid down $30,000, but after a few months, and having not seeing Rupert, Marge decided to take back the car. Lucky for her, she did not give Rupert the papers for the car. She saw Henry with the car, who told her that Rupert sold it to him and promised to give him the papers soon; i. Can Rupert keep the car? why or why not. ii. Can Marge get back the car? why or why not. iii. Would the situation be different if Marge had given Rupert the papers for the car? iv. What type of contract did Rupert and Henry enter into?explain in detail the penalty for failure to furnish a return or statement (section 182) and penalty for concealement of income (section 184)
- Jeremy Cobb submitted an apartment rental application to Common Properties Management Coop- erative (Common) over the phone. Cobb authorized Common to debit his checking account for the $37.95 application fee. However, the debit was returned by Cobb’s bank as unpaid, and Cobb was assessed a Non-sufficient Funds (NsF) fee of $35.00 by Cobb’s bank, along with a $25.00 “returned fee” by PayLease, LLC (PayLease), Common’s financial institution. Cobb sued under the eFta, alleg- ing that the $25.00 “returned fee” had not been authorized. was the $25.00 returned fee to Pay- Lease covered by the EFTA?A mortgage is transfer of an interest in specific immoveable property for the purpose ofsecuring payment of some amount of money. Elaborate in what different ways amortgage is created by highlighting their characteristics and mutual rights and liabilitiesof the parties in a precise manner?Smith was approached by a man who introduced himself as Brown of Brown & Co. Brown was not known to Smith, but Smith asked Dun & Bradstreet for a credit report and obtained a very favorable report on Brown. He thereupon sold Brown some expensive gems and billed Brown & Co. “Brown” turned out to be a clever jewel thief, who later sold the gems to Brown & Co. for valuable consideration. Brown & Co. was unaware of “Brown’s” transaction with Smith. Can Smith successfully sue Brown & Co. for either the return of the gems or the price as billed to Brown & Co.?
- Anita bought a television set from Bertrum for her personal use. Bertrum, who was out of security agreement forms, showed Anita a form he had executed with Nathan, another consumer. Anita and Bertrum orally agreed to the terms of the form. Anita subsequently defaulted on payment, and Bertrum sought to repossess the television. a. Explain who would prevail. b. Explain whether the result would differ if Bertrum had filed a financing statement. c. Explain whether the result would differ if Anita had subsequently sent Bertrum an e-mail that met all the requirements of an effective security agreement.An agent is NOT personally liable on a contract made with a third party when: 1) neither the existence, nor the name of the principal is known to the third party. 2) the name and existence of the principal are known to the third party. 3) the agent makes the contract with the third party in his/her personal capacity as a co-signor or obligor with the principal. 4) the existence, but not the name of the principal is known to the third party.Gaby Gonzalez obtained two CDs at second Federal savings and Loan association (second) with her daughter, Juana Martinez, as beneficiary. right before Gonzalez died, she told her cousin, rafael Gonzalez, where to find her CDs. The CDs had a line through Martinez’s name and rafael Gonzalez’s name added in the section for beneficiary with the notation, “revised beneficiary . . . rc” after Gaby’s death, rafael withdrew some funds to pay funeral expenses and legal fees from one of the CDs. several years later, Rafael discovered that second had paid the CDs to Hector Gonzalez, who was the administrator of Martinez’s estate. Rafael sued second, claiming as the beneficiary that it should have paid him. who was entitled to the proceeds of the CDs?