Sam gives a check to Blake Diamonds (BD) to buy a certain diamond which is currently being appraised from a third party for his fiancee Layla. The appraisal is taking longer than expected so BD asks Sam to allow BD to fill in the amount when the appraisal is complete. Sam agrees. BD receives the appraisal of $7,000 and buys the diamond from the third party for that price, but fills in the check for $8,000.
The check is negotiated as a good faith payment for an $8,000 debt to Mowit Landscaping Services, who does not know about BD’s wrongful act. One week later, Mowat learns that BD wrote the check for $1,000 over the appraisal price without authorization.
1. Is Mowat a Holder in Due Course? Thoroughly explain
2.If Mowit is an HDC, for how much? If Mowit is not an HDC, explain what it would take to reach HDC status. Thoroughly explain.