Question: McLaughlin borrowed $10,000 from Adler, who, apprehensive about McLaughlin's ability to pay, demanded security. McLaughlin indorsed and delivered to Adler a negotiable promissory note executed

McLaughlin borrowed $10,000 from Adler, who, apprehensive about McLaughlin's ability to pay, demanded security. McLaughlin indorsed and delivered to Adler a negotiable promissory note executed by Topping for $12,000 payable to McLaughlin's order in twelve equal monthly installments. The note did not contain an acceleration clause, but it recited that the consideration for the note was McLaughlin's promise to paint and shingle Topping's barn. At the time McLaughlin transferred the note to Adler, the first installment was overdue and unpaid. Adler was unaware that the installment had not been paid. Topping did not pay any of the installments on the note. When the last installment became due, Adler presented the note to Topping for payment. Topping refused upon the ground that McLaughlin had not painted or shingled her barn.
What are Adler's rights, if any, against Topping on the note?

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When Adler obtained the negotiable promissory note as security for repayment of his 10000 loan to McLaughlin he became a holder in due course of this ... View full answer

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