Beruflich Dokumente
Kultur Dokumente
Questions
1. Which of the following Is not a promise to pay, and thus will make an instrument
non-negotiable?
3. M made a promissory note in favour of p or order. The note, which was payable after
60 days from date of issue, amounts to 100000 and bears interest at 10% per
annum. After the delivery of the note to him, p altered the interest rate to 18% per
annum without the knowledge of m and indorse to it to a who knew nothing of the
alteration. Thereafter a indorsed the note to h, a holder in due course.
A. H may not collect any amount whether of the principal or the interest from m.
B. H may collect 100000 and interest at 10% per annum from m.
C. H may collect 100000 and interest at 18% per annum from m.
D. H may not collect any amount whether of the interest, from a, since a was not
aware of the alteration.
A. Post-dating
B. Ante-dating
C. Immediate party
D. Notice of Dishonor
A. Immediate party
B. Notice of Dishonor
C. Post-dating
D. Ante-dating
A. Post-dated
B. Ante-dated
C. Effect of insertion of a wrong date
D. Presumption as to date
A. Section 21
B. Section 22
C. Section 23
D. Section 24
10. The placing of date in an instrument is necessary in the following cases, except:
11. An instrument which is not dated will be considered dated as at the time of:
A. Acceptance
B. First indorsement
C. Second indorsement
D. Issuance
12. R signs a check amounting to 50,000 but which is blank as to the name of payee. He
keeps the check in his drawer but S, his secretary, steals it , places her name as
payee on the blank , and negotiates it to A, A to B, B to C, and C to H, holder. A,B and
C have no knowledge of the theft of the check and its unauthorized completion by S.
Based on the foregoing , which of the following statements is incorrect ?
13. M makes a note payable to the order of P. He delivers the note to P with the
instruction that P should keep the same until M has obtained the proceeds of his
loan from the bank. P, however, disregarded the instruction of M and indorsed the
note to A, A to B, B to C, and C to H, holder. A, B, C have no knowledge of P's
defective title. Based on the foregoing, which of the following statements is
incorrect?
14. M signs a promissory note payable to the order of P which is blank as to amount. M
delivers the note to P with the instruction to type the amount of P20,000.00 on the
blank. P, however, types the amount of P50,000.00, and negotiates the same to A, A
to B, B to C, and C to H, a holder in due course. A, B, C and also H had no knowledge
of the wrongful completion of the blank.
15. M makes a note payable to P or bearer and delivers the note to P. P indorses the
note to A. A keeps the note in his drawer but it is stolen by F who negotiates the
same to B by forging A's signature. B indorses the note to C, C indorses the note to H,
a holder in due course. Who among the following can set up the defense of forgery?
A. M, maker
B. P, payee
C. A, indorser
D. Forgery is not available as defense to any party to the instrument.
16. M makes a note payable to the order of P for P10,000.00. P indorses the note to A,
and A to B. Thereafter, B indorsed the amount of the note in full to H to secure his (B's)
debt of P8, 000.00 to H. Based on the foregoing, which of the following statements is
incorrect?
A. If M has no defenses against H, H may collect P10, 000.00 from M.
B. If M has personal defenses against H, H may collect P8, 000.00 from M.
C. If M has real defenses against H, H may collect nothing from M.
D. H cannot collect anything from M whether M has real or personal defenses.
17. A holder is a holder in due course if he has taken the instrument complete and
regular on its face and three of the following conditions, except:
A. That he became the holder of the instrument before it was overdue and without
notice that it had been previously dishonored if such was the fact.
B. That he took it in good faith and for value.
C. That there is no fraud or illegality affecting the instrument.
D. That at the time it was negotiated to him, he had no notice of any infirmity in the
instrument or defect in the title of the person negotiating the same.
18. Which of the following may be raised as defense against any holder?
A. Want of consideration
B. Want of delivery of complete instrument
C. Insertion of a wrong date
D. Want of delivery of an incomplete instrument.
19. M executed a promissory note in the amount of P20,000.00 payable to the order of
P. M made the promissory note for goods purchased by M from P shortly after M
obtained the consent of P whether the latter would accept the promissory note in
the meantime. When P visited M's office to collect the note, M was not around, but
P found on M's table the completed note that M made for him. Without waiting for
M, P took the note, Based on the foregoing, which of the following statements is
incorrect?
21. Which of the following defenses may a party to an instrument avail himself of
against any holder?
A. Payee
B. Indorser
C. Indorsee
D. Holder
22. One that has knowledge of the conditions or limitations placed upon the delivery of
the instrument or the fact that the instrument was never delivered.
25. The person who executes the written order to pay a bill of exchange
A. Payee
B. Drawer
C. Drawee
D. Holder
26. The act of appointing another as one’s agent or attorney and which operates as a
notice that an agent has a limited authority to sign.
A. Assignment
B. Special Indorsement
C. Signature by Procuration
D. Restrictive Indorsement
27. The counterfeit making or fraudulent alteration of any writing, and may consists in
the signing of another’s name, or the alteration of an instrument in the name, amount,
description of the person and the like, with intent to defraud.
A. Forgery
B. Signature by Procuration
C. Spoliation
D. Protest
28. Consider the following statements of the effect of signature per procuration.
29. All of the following are the effects of forged signature except ,
A. no right to retain
B. no right to give a discharge
C. no right to enforce payment can be acquired.
D. no right to control
30. Under Sec. 21 Signature per Procuration , for an agent to be not liable on the
instrument he were duly authorized to sign for on behalf of a principal , the
following are the requisites except :
A. Sec. 21
B. Sec. 22
C. Sec, 23
D. Sec. 24
32. The following are the words that may be used to indicate that a person signs as an
agent except :
a. Per Procuration
b. Per Proc.
c. Per. Procurat.
d. P.P
a. inoperative.
b. Active
c. Busy
d. functioning
36. If the phrase “at the option of the holder” or words of similar import are not
included in the above illustration, the instrument is :
a. negotiable for the reason that the option will belong to the maker or other
debtor such as the drawee
b. not negotiable for the reason that the option will belong to the maker or
other creditor such as the drawee
c. negotiable for the reason that the option will belong to the maker or other
creditor such as the drawee.
d. not negotiable for the reason that the option will belong to the maker or
other debtor such as the drawee
37. The validity and negotiable character of an instrument are not affected by the fact
that:
a. It is not dated
b. Does not specify the value give, or that any value had been given therefor
c. Does not specify the place where it is payable
d. Does not bears a seal
e. Designates a particular kind of current money in which payment is to be
made
38. Effect if a mechanically incomplete instrument is completed and delivered without
authority
Statement 1: Instrument shall not be valid in the hands of any holder, as against
any person whose signature was placed thereon before delivery. (Sec.16)
Statement 2: Instrument shall be valid in the hands of any holder, as against any
person whose signature was placed thereon before delivery. (Sec.16)
I. Where the sum payable is expressed in words and also in figures and there is
an discrepancy between the two, the sum denoted by the words is the sum
payable; but if the words are ambiguous or uncertain, reference may be had
to the figures to fix the amount.
II. Where the instrument provides for the payment of interest, without
specifying the date from which the interest is to run, the interest runs from
the date of the instrument, and if the instrument is undated, from the issue
thereof.
III. Where the instrument is not date, it will be dated as after time it was issued.
IV. Where there is a conflict between the written and printed provisions of the
instrument, the written provisions prevail.
V. Where the instrument is so ambiguous that there is doubt on whether it is a
bill or a note, the holder may not treat it as either at his option.
Which of the following is true ?
A. I , II , III and IV
B. I, III and V
C. I , II and IV
D. III and IV
Statement 1.The instrument is not rendered valid provided it is not done for an
illegal or fraudulent purpose.
Statement 2.. The person to whom an instrument so dated is delivered does not
acquires title thereto as of the delivery.
A. Section 70
B. Section 71
C. Section 72
D. Section 73
A. the choice of the presentation does not belong to the debtor unless it has
been expressly granted to the creditor.
B. the choice of the presentation does not belong to the creditor unless it has
been expressly granted to the debtor
C. the choice of the presentation belongs to the debtor unless it has been
expressly granted to the creditor.
D. the choice of the presentation belongs to the creditor unless it has been
expressly granted to the debtor.
44. The authority for confession of judgment before the action is begun is known as
A. warrant of attorney
B. confession statement
C. letter of judgment
D. certificate of confession
45. This refers to an instrument which is wanting in a material particular such as the
amount of the instrument or the name of the payee, and it is undelivered.
A. Concept
B. Promissory note
C. Certificate of Confession
D. Object
47. Prima facie authority to fill up the blanks and Prima facie authority to fill up the
instrument for any amount are the two kinds of prima facie authority which exists
in
50. M executed a note payable to the order of P. P indorsed the note to A, A to B (by
qualified indorsement), B to C (by general indorsement), and C (by general
indorsement) to H, a holder in due course. Later, it was discovered that P was a
minor. None, except P, knew that he was a minor. Who, aside from P, may avail
himself of the minority of P as a defense?
A. M, maker.
B. A, qualified indorser.
C. B, general indorser.
D. None, only P may avail himself of his minority as a defense.