Commercial Law, 2011 Bar — Question 46

MULTIPLE CHOICE

Due to his debt to C, D wrote a promissory note which is payable to the order of C. C’s brother, M, misrepresenting himself as agent of C, obtained the note from D. M then negotiated the note to N after forging the signature of C. May N enforce the note against D? A) Yes, since D is the principal debtor. B) No, since the signature of C was forged. C) No, since it is C who can enforce it, the note being payable to the order of C. D) Yes, since D, as maker, is primarily liable on the note.

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