Author Question: An easement by necessity terminates when the necessity terminates. Indicate whether the statement ... (Read 156 times)

saraeharris · **on:** Jun 24, 2018

An easement by necessity terminates when the necessity terminates.
Indicate whether the statement is true or false

Question 2

Manuel sued Patricia on a promissory note. Patricia admitted signing the note, but raised the defense that Manuel was not a holder in due course. Can Manuel recover without proving that he is a holder in due course?

josephsuarez · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

TRUE

Answer to Question 2

Yes. Manuel was the holder and Patricia admitted signing the note. Therefore, Manuel was entitled to recover on the note unless Patricia established a defense. As no defense was asserted, it was immaterial whether Manuel was a holder in due course, against whom certain defenses could not be asserted.