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son received a check from Shipley that was incomplete as to the amount. The check was drawn on the First Federal Bank and was given as payment in advance on the purchase of 100 laptop computers. The amount was left blank because Clarkson had the right to substitute other computer models (if available) for those ordered, which would change the price. It was agreed that, in no event, would the purchase price exceed $13,800. Desperate for cash, Clarkson wrongfully substituted much more expensive computers thereby increasing the purchase price to 25,900. Clarkson then negotiated the check to Marshall, one of his suppliers. Clarkson filled in the $25,900 amount in MarshallÃ¢â‚¬â„¢s presence showing him the shipping order and invoice applicable to the sale to Shipley. Marshall accepted the check in payment of $20,000 overdue debts and $5,900 in cash. Upon receipt of the invoice, Shipley discovered the substitution of the more expensive computers. Shipley promptly contacted Clarkson to object and called the First Federal Bank to stop payment. When Marshall presented the check for payment the next day, First Federal refused payment. Questions: 1. Is Marshall a HDC? Explain 2. What rights, if any, does Marshall have against First Federal Bank? Explain. 3. What rights, if any, does Marshall have against Shipley? Explain 4. What rights, if any, does Marshall have against Clarkson? Explain.
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