Sunrizon Homes, Inc. v. American Guaranty Investment Corp.

KAUGER, Justice.

The four issues presented are: (1) Whether an instrument lacking the words “pay to order or to bearer” is a negotiable instrument conferring holder in due course status on a party taking the document by assignment; (2) Whether the assignment of an installment sales contract to American Guaranty and the subsequent assignment to Continental Federal were separate instruments thus enabling the first assignment to be rescinded without rescinding the entire transaction; (3) Whether estop-pel may be a defense to a party relying on another’s negligence in the absence of any evidence…