Holder IN Due Course (HIDC) Flashcards
Define Holder in Due Course
A holder, of negotiable instrument, for value, in good faith, without notice of dishonor or overdue payment, and without notice of any claim or defense to instrument
Holder
Must be in bearer or order
Negotiable Instrument
Must be a promise or order, payable to order or bearer, for a mixed amount, of money, free from conditions, with no extraneous circumstances, at a definite time or on demand.
Value
For money, stated on the instrument
Good Faith
Honesty in fact, with reasonable standards of dealings
Notice & Dishonor
Actual notice, receipt of notice, is made aware instrument is invalid or been dishonored. Dishonored, maker or drawee refuses to pay.
Shelter Rule
Where a HIDC transfers a negotiable instrument, the transferee obtains the rights as a HIDC