McLaughlin borrowed ($10,000) from Adler, who, apprehensive about McLaughlins ability to pay, demanded security. McLaughlin indorsed and
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 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 reshingled her barn.
What are Adler’s rights, if any, against Topping on the note?
Step by Step Answer:
Business Law And The Regulation Of Business
ISBN: 9781305509559
12th Edition
Authors: Richard A. Mann, Barry S. Roberts