Case Study

Please read the below case and write a 5-7 page, double-spaced paper, as instructed below.

Amica International Group, Inc. (AIG), an insurance company, issued a check in the amount of $5,000 to Jonathan Wilson in connection with a personal-injury matter. Wilson presented the check to A-1 Check Cashing Emporium (A-1) for payment. A-1’s clerk paid Wilson the $5,000, but forgot to have Wilson sign the check. When he could not reach Wilson to ask him to come back to A-1 to sign the check, the clerk printed Wilson’s name on the back and deposited it at Community Bank. Community Bank refused to pay the check, so A-1 sold it to Robert Johnson, who is in the business of buying dishonored checks. When Johnson could not get the check honored, he sued AIG, contending that he, through A-1, had the right to collect on the check as a holder in due course (HDC). The trial court rejected that claim. Johnson appealed.

Instructions:

1. Based on course material, discuss each of the parties in the case and how their actions met the requirements of the UCC. Include any assumptions you have made. Respond to the below questions when discussing the various parties.

1. Discuss AIG’s issuance of the check to Wilson and what would be required to comply with the UCC.

2. Should Wilson be required to return the money to A-1?

3. Was Community Bank right in refusing to pay the check?

4. Does Johnson qualify as a holder in due course?

2. Conclude your case study by taking on the role of the appellate judge and prepare a brief opinion that decides Johnson’s appeal and whether he has a valid claim.

3. You should rely on this week’s readings. You can also use outside research for the case study, but be sure to cite your sources properly.

Papers are expected to follow APA documentation rules.

Textbook and Resources

Roger LeRoy Miller and William Eric Hollowell. Business Law Text & Exercises. 7th edition, 2013. South-Western/Cengage Learning.

ISBN13: 978-1133625957