Question

Tom was CEO of a company. He stole money from the company by writing a series of checks made out to “Cash” which he deposited in his own personal account at Bank. (Please do not try this at home.) Of course, he then spent the money. The company sued the Bank to get the money back.
Was the Bank a holder in due course?

Answer 1

In the given case, bank is  not consider as holder in due course because here it will act as intermediary who collected amount from company's account.

What is holder in due course?

A holder in due course refers to an individual who have the authority to hold the negotiable instrument in good faith.

This holder in due course will be referred to as the person who have received or given something in exchange for the instrument.

When any individual receives a gift from someone, then it will not be considered as holder in due course because he had not given any value in exchange.

So yes, in this situation when the CEO stole money from the company  by writing a series of checks and withdrawing it in a personal account at the bank. Bank will be not be considered as holder in due course due to intermediary role.

Learn more about holder in due course, here:

brainly.com/question/27778407

#SPJ1