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| Clarkson received a check from Shipley which was incomplete as to the amount. The check was given as payment in advance on the purchase of 100 CB radios. The amount was left blank because Clarkson had the right to substitute other CB models if available for those ordered, which would change the price. It was agreed that in no event would the purchase price exceed $1,800. Desperate for cash, Clarkson wrongfully substituted much more expensive CB radios thereby increasing the purchase price to $2,200. Clarkson then negotiated the check to Marshall, one of his suppliers. Clarkson filled in the $2,200 in Marshall’s presence showing him the shipping order and invoice applicable to the sale to Shipley. Marshall accepted the check in payment of $1,400 overdue debts and $800 in cash. Under the circumstances, Marshall is A. A holder in due course but only to the extent of the $800 in cash. B. Not a holder in due course because the instrument was completed in his presence. C. A holder in due course and entitled to recover the full amount. D. Not a holder in due course because the amount filled in was greater than authorized. |