On May 2, as part of the $96,500 purchase price of some real estate, Collins issued a

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On May 2, as part of the $96,500 purchase price of some real estate, Collins issued a 30-day note for $66,500. Just before the due date, Collins ordered his attorney, Sanders, to have money available from Collins’ account to pay the note. The attorney had the money and did pay the note, but directed the payees to indorse the instrument in blank rather than mark the note paid. Sanders then, without Collins’ knowledge, took the note and, on June 3, pledged it as security to the Oswego Bank for a loan the bank had made to the attorney. When Sanders defaulted on the loan, the bank tried to collect against Collins. Was the Oswego Bank an HDC and therefore able to overcome Collins’ defense of prior payment? (Collins v. First National Bank of Oswego, Kansas, 746 S.W.2d 424)

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