Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 6, Problem 2Q
Summary Introduction
To discuss: Whether person S was guilty for the forgery.
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Calvin uses fraud to induce Maria to promise to pay money in return for goods he has delivered to her. Has a contract been formed? If so, what kind? What are the rights of Calvin and Maria?
Gaby Gonzalez obtained two CDs at second Federal savings and Loan association (second) with her daughter, Juana Martinez, as beneficiary. right before Gonzalez died, she told her cousin, rafael Gonzalez, where to find her CDs. The CDs had a line through Martinez’s name and rafael Gonzalez’s name added in the section for beneficiary with the notation, “revised beneficiary . . . rc” after Gaby’s death, rafael withdrew some funds to pay funeral expenses and legal fees from one of the CDs. several years later, Rafael discovered that second had paid the CDs to Hector Gonzalez, who was the administrator of Martinez’s estate. Rafael sued second, claiming as the beneficiary that it should have paid him. who was entitled to the proceeds of the CDs?
Sam Simpleton, a resident of Kansas, and Nellie Naive, a resident of Missouri, each bought $85,000 in stock at local offices in their home States from Evil Stockbrokers, Inc. (“Evil”), a business incorporated in Delaware, with its principal place of business in Kansas. Both Simpleton and Naive believe that they were cheated by Evil Stockbrokers and would like to sue Evil for fraud. Assuming that no Federal question is at issue, assess the accuracy of the following statements: a. Simpleton can sue Evil in a Kansas State trial court. b. Simpleton can sue Evil in a Federal district court in Kansas. c. Naive can sue Evil in a Missouri State trial court. d. Naive can sue Evil in a Federal district court in Missouri.
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