Bertram writes a check for $200 payable to cash. He puts the check in his pocket and

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Bertram writes a check for $200 payable to “cash.” He puts the check in his pocket and drives to the bank to cash the check. As he gets out of his car in the bank’s parking lot, the check slips out of his pocket and falls to the pavement. Jerrod walks by moments later, picks up the check, and later that day delivers it to Amber, to whom he owes $200. Amber indorses the check “For deposit only, [signed] Amber Dowel” and deposits it into her checking account. In light of these circumstances, answer the following questions:
(a) Is the check a bearer instrument or an order instrument?
(b) Did Jerrod’s delivery of the check to Amber constitute a valid negotiation? Why or why not?
(c) What type of indorsement did Amber make?
(d) Does Bertram have a right to recover the $200 from Amber? Explain.

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Business Law Text and Cases

ISBN: 978-0324655223

11th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Gaylord A. Jentz, F

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