Asked by Kendall Messerole on Apr 30, 2024

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Salma arranged with ABC Bank for a revolving line of credit up to $50,000 for her antique shop. The bank required that she provide a promissory note promising payment of $50,000 to the bank or as much as may be outstanding in amounts owed to the bank payable on demand. The note allowed for partial early prepayment and for interest after default. A few months later, although Salma was not in default, the bank canceled the line of credit and demanded payment of all amounts due based on the promissory note. If the reasoning of the case in the text Reger Development, LLC v. National City Bank is followed, which of the following is the most likely result of the dispute between Salma and ABC Bank?

A) Salma will prevail because she was current on payments, and the bank did not exercise good faith in calling the note.
B) Salma will prevail because the reference to prepayment destroyed the note's negotiability.
C) Salma will prevail because the reference to interest after default destroyed the note's negotiability.
D) The bank will prevail because, although the note is not a negotiable instrument, the bank has an enforceable contract.
E) The bank will win because it had the right to call for payment of the demand instrument.

Promissory Note

A financial instrument containing a written promise by one party to pay a certain sum of money to another party under specified conditions.

Revolving Line of Credit

A flexible loan arrangement which allows a borrower to use, repay, and re-borrow funds up to a certain credit limit.

Negotiability

The feature of a financial instrument that allows it to be transferred or assigned freely from one party to another.

  • Examine court decisions concerning negotiable instruments and their consequences.
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KG
Kailey GendronMay 06, 2024
Final Answer :
E
Explanation :
The bank will win because it had the right to call for payment of the demand instrument, as per the principles outlined in Reger Development, LLC v. National City Bank, which supports the enforceability of demand provisions in loan agreements.