If, in exercise 19, Livingston sold the note to the Hometown Bank, Inc., an HDC, and then

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If, in exercise 19, Livingston sold the note to the Hometown Bank, Inc., an HDC, and then Fobair bought it from the Bank, could Fobair collect on the note?


Exercise 19

Eaton owed Fobair $1,500 for supplies he purchased the year before for his business. Fobair had sold the supplies to Eaton on credit even though he knew that Eaton’s business was on the ropes and he would likely not be able to pay. Months later Fobair met Eaton in a restaurant and loudly demanded either cash or a signature on a promissory note with an extremely high interest rate or he would “haul you into court and sue you for all you’ve got.” Eaton signed, and Fobair promptly sold and assigned the note to Livingston. Now Eaton refuses to pay the note, claiming it was signed under duress. Will this be a valid defense to payment?

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