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Holly Hill Acres, Ltd., executed and delivered a promissory note and a purchase money mortgage to Rogers and Blythe. The note provided that it was secured by a mortgage on certain real estate and that the terms of that mortgage ‘‘are by this reference made a part hereof.'' Rogers and Blythe then assigned the note to Charter Bank, and the bank sought to foreclose on the note and mortgage.
Holly Hill Acres refused to pay, claiming that it was defrauded by Rogers and Blythe. Is the note a negotiable instrument? Why?
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