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Mr. and Mrs. Santana decided to get a pool in their backyard. They financed the purchase by issuing a promissory note to Pool Installation Company. The Pool Installation Company sold the promissory no
Mr. and Mrs. Santana decided to get a pool in their backyard. They financed the purchase by issuing a promissory note to Pool Installation Company. The Pool Installation Company sold the promissory note to a bank.
A month after the promissory note matured, the pool started falling apart – the pool pump wouldn’t turn on, there was a long crack down the side of the pool, etc. Mr. and Mrs. Santana refused to pay on their promissory note and brought action against the Pool Installation Company for breach of contract.
Explain if the bank is a holder, a holder in due course, or a holder through a holder in due course? Does the breach of contract claim impact the bank’s ability to collect on the promissory note?
*For all the discussion forums you must be citing to your textbook. You must have a pinpoint citation for full credit. For a hard copy of the textbook you should use: (Twomey, pg. 123). For a digital copy of the textbook you should use: (Twomey, sec.21-1c). Keep in mind that failing to cite sources (your textbook or any outside resources) is plagiarism.
