Allison worked for ABC Company as the company treasurer. She took 20 of ABC Company's checks, labeled as belonging to ABC Company. Over the course of one year, she signed and mailed the checks to American Express, her own credit card company, to pay her personal credit card debt. Assuming the court follows Watson Coatings Inc., v. American Express Travel Services Inc., the case in the text, which of the following is the most likely result in a lawsuit by ABC Company against American Express to recover the amounts of the checks?
A) ABC Company will prevail because American Express, as a payee, does not qualify as a holder in due course.
B) ABC Company will prevail because American Express should have realized that fraud was involved from the fact that the checks were ABC Company checks.
C) ABC Company will prevail because fraud was involved.
D) American Express will prevail and will not be required to return funds.
E) American Express will have to return half of the funds because the parties were equally at fault, American Express for taking the checks, and ABC Company for not more carefully supervising its employee.
Correct Answer:
Verified
Q13: A negotiable instrument cannot be _ if
Q14: Negotiability can be destroyed by a conditional
Q15: An instrument is dishonored when a party
Q16: What is meant by the term "delivery"
Q17: At any date after the expressed due
Q19: When a consumer credit contract is transferred
Q20: Which of the following is a written
Q21: A(n) _ is the person receiving an
Q22: Which kind of endorsement places a condition
Q23: Which of the following is not an
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents