What is the significance of becoming the holder of a bearer instrument acquired illegally (e.g. stolen) and then legally having the power to pass the instrument on to an innocent third party?


A negotiable instrument payable to bearer by the person issuing the check may legally get into the hands of a thief who under the UCC actually becomes a holder. Although the thief has no right to the instrument, he/she does have the legal power as a holder to pass the instrument on for consideration. The outcome is that the party who initially issued the instrument is responsible for payment to the innocent third party who received it without knowing the circumstances. The person who initially issued the check, of course, could try to collect from the thief, but good luck on that one.

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