Carmen Needs Quick Cash, So She Thinks of a Scheme

Carmen needs quick cash, so she thinks of a scheme. She tells Frank she is collecting for Laotian refugees. Frank writes a check for $100 payable to the order of Carmen. Carmen indorses the check and delivers it to Pete, who doesn't know of Carmen's scam, for $90 cash. Pete gives the check to Emily as a present. Frank discovers Carmen's deception and refuses to pay Emily. Will he win?

A) No, because Emily is a holder in due course.
B) No, because of the shelter rule.
C) Yes, since Emily did not take the check for value.
D) Yes, since the check was not negotiated to Emily.

Correct Answer:

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