Bond fraudulently induced Teal to make a note payable to Wilk, to whom Bond was indebted. Bond delivered the note to Wilk. Wilk negotiated the instrument to Monk, who purchased it with knowledge of the fraud and after it was overdue. If Wilk qualifies as a holder in due course, which of the following statements is correct?
A. Monk has the standing of a holder in due course through Wilk.
B. Teal can successfully assert the defense of fraud in the inducement against Monk.
C. Monk personally qualifies as a holder in due course.
D. Teal can successfully assert the defense of fraud in the inducement against Wilk.
I answered B and was told it was A. The description of the answer involves other names not involved in the question so I am suspicious if this question has the wrong answer marked. The answer description is below. Would someone please explain why it is A and not B when Monk knew it was overdue and fraudulent.
A holder in due course has accepted a negotiable instrument for value, in good faith, and without notice that the instrument is overdue or dishonored, has irregularities, or that any person has a defense against paying it. Drake was a holder in due course because the instrument was acquired for an existing debt. Hunt is a holder in due course because the instrument was acquired for a purchase. A holder after a holder in due course has all the rights of the first holder in due course. Monk is a holder in due course because Wilk was a holder in due course.
BEC - 84
REG - 88
FAR - 75
AUD - 71, Nov 2015