Question: Northup made out a negotiable promissory note that was payable to the order of Port. This promissory note was meant to purchase some furniture that
Northup made out a negotiable promissory note that was payable to the order of Port. This promissory note was meant to purchase some furniture that Port used to own, but he lied to Northup when he claimed he still owned it. Port immediately negotiated the note to Johnson who knew about Port’s lie. Johnson negotiated the note to Kenner who was a holder in due course. Kenner then negotiated the note back to Johnson. When Johnson sought to enforce the promissory note against Northup, she refused claiming fraud. Which of the following is correct?
a. Johnson, as a holder through a holder in due course, can enforce the promissory note.
b. Northup wins because Johnson does not have the rights of a holder in due course.
c. Northup wins because she has a real defense on this note.
d. Johnson’s knowledge of the lie does not affect his rights on this note.
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