Question: Wachovia a bank made a loan in 2003 to McNamee
Wachovia, a bank, made a loan in 2003 to McNamee for $150,000, and he signed a promissory note for the loan. At some point, Wachovia misplaced, lost, or destroyed the original note. The note matured in 2005, and after the loan matured, Wachovia assigned its rights in and to the note to another company, Atlantic National Trust., which then sued McNamee for recovery. Atlantic demanded McNamee repay the remaining principal balance on the note, $138,620, plus interest. Atlantic had a copy of the original note but not the original. McNamee asserted that Atlantic had no right to enforce the note since it was never in possession of the original document and that the assignee of a lost note has no standing to sue the maker. Thus, McNamee contended that because the original note was destroyed, the note could not be enforced. Recall your ethical training from Chapter 1. What ethical concerns are at issue in this case regarding negotiable instruments? How do you think the court ruled?
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