The undersigned promises to pay to the order of John Doe, Nine Hundred Dollars with interest from date of note. Payment to be made in five monthly installments of One Hundred Eighty Dollars, plus accrued interest beginning on December 1, 2014. In the event of default in the payment of any installment or interest on installment date, the holder of this instrument may declare the entire obligation due and owing and proceed forthwith to collect the balance due on this instrument. (Signed) Acton, agent.
On December 18,2014, no payment having been made on the note, Doe indorsed and delivered the instrument to Todd to secure a preexisting debt in the amount of $800.
On January 18, 2015, Todd brought an action against Acton and Phi Acton’s principal, to collect the full amount of the instrument with interest. Acton defended on the basis that he signed the instrument in a representative capacity and that Doe had failed to deliver the consideration for which the instrument had been issued. Phi defended on the basis that it did not sign the instrument and that its name does not appear on the instrument.
For what amount, if any, are Acton and Phi liable?
$900.00 Smalltown, Illinois
November 15, 2014
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