Jerrold Williams buy a car for personal use on credit from Junk Yard Dog Auto Sales. Jerrold gives JYD Auto Sales a promissory note for the value of the car. The note is marked "customer note". JYD assigns the note to Sure Finance
The car is defective and Jerrold refuses to pay Sure Finance. It sues him on the note. Which of the following is TRUE?
A) As a promissory note is a negotiable instrument, Jerrold cannot set off the cost of the car repair against a claim on the note.
B) Because the promissory note is marked as part of a consumer transaction, Jerrold can set up the cost of repairing the defects against the amount owing on the note.
C) Because Sure Finance is a holder in due course, the cost of repair cannot be set up against its claim on the note.
D) Because this was a consumer transaction and Jerrold did not receive independent legal advice, Sure Finance cannot sue him on the note.
E) Both A and C
B
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