Is an accommodation party liable for the full amount of a note when she received only a
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Kathy J. Couchot and her mother-in-law, Jean Couchot, borrowed $6,317.48 from Star Bank to pay the funeral expenses of Kathy’s husband. Jean executed a note to the bank, and Kathy signed as an accommodation party. To disburse the proceeds of the loan, Star Bank issued a check payable to “Kathy and Jean Couchot.” Somehow this check was altered to read “Kathy or Jean Couchot.” Jean cashed the check and used the loan proceeds to pay her son’s funeral expenses and some of Kathy’s back taxes and insurance premiums. Jean did not repay the loan to the bank; Kathy made six payments before defaulting.
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Business Law and the Legal Environment
ISBN: 978-1111530600
6th Edition
Authors: Jeffrey F. Beatty, Susan S. Samuelson, Dean A. Bredeson
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