When a bank certifies a check, the amount involved in the certification will be retained
in the depositor’s account until payment of the certified check.
Coppersmith executed and delivered negotiable notes to the payee, Charlene. The payee
indorsed the notes to Whitehurst but did not deliver them. Instead, she kept the notes in
her possession because she wanted to collect the interest during her life and wanted the
indorsee to have the notes on her death. After Charlene’s death, her executor,
Cartwright, found the notes. Both Cartwright and Whitehurst sought to enforce the
notes against Coppersmith. Who was entitled to do so?
Rule 10b-5 only applies to registered securities.