Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson

Exercise 3

Cynthia Dudley was a student at Southern Virginia University (SVU). Dudley obtained a loan from Nellie Mae, which included a note by which Dudley agreed to repay the money loaned to the order of Nellie Mae. SVU sued Dudley to collect on the note, but failed to produce the note in court, claiming that it had been lost or destroyed. Dudley responded that if SVU could not produce the note, it could not prove negotiation from Nellie Mae to SVU, and SVU could not collect. Could SVU simply claim the note had been lost or destroyed?