Tuesday, January 20, 2009

Philippine bar exam questions 2008 (Mercant Q5)

Pancho drew a check to Bong and Gerard jointly. Bong indorsed the check and also forged Gerard’s indorsement. The payor bank paid the check and charged Pancho’s account for the amount of the check. Gerard received nothing from the payment. a) Pancho asked the payor bank to credit his account. Should the bank comply? Explain fully. (3%) b) Based on the facts, was Pancho as drawer discharged on the instrument? Why? (2%)

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