问题 问答题

某日,A签发一张商业汇票给收款人B,汇票记载的金额为人民币8万元,B依法承兑后将该汇票背书转让给C,C获得该汇票的第2天,因车祸而死亡,该汇票由其惟一的继承人D获得。D又将该汇票背书转让给E,并依法提供了继承该票据的有效证明,E获得该汇票之后,背书转让给F,F又将该汇票背书转让给G。G在法定期限内向付款人请求付款,付款人在审查该汇票后拒绝付款,理由是:该汇票背书不连续。因为,C受让该汇票时,是该转让行为的被背书人,而在下一次背书转让中,背书人不是C,而是D。随即,付款人作成退票理由书,即为退票。
要求:根据上述事实及有关规定,回答下列问题:
(1) 付款人可否以背书不连续作为拒绝付款的理由为什么
(2) G可以向本例中的哪些当事人行使追索权

答案

参考答案:
(1) 付款人不得以背书不连续作为拒绝付款的理由。根据票据法的规定,只要取得票据的人依法举证,表现其合法取得票据的方式,证明其汇票权利,就能享有票据上的权利。尽管C受让该汇票时,是该汇票的被背书人,而在下一次背书转让中,背书人不是C,而是D,但是,D系以继承方式从C处合法获得该汇票,是该汇票的权利人,只要其提供了有效证明,便可行使相应的权利,将该汇票转让给他人。因此,付款人不能以该汇票背书不连续作为拒绝付款的理由。
(2) 依照票据法的有关规定,G可向其一切前手及付款人(付款人已承兑该汇票)行使追索权,故G可以向A、B、D、E、F及付款人之一或数人或全部行使追索权。

单项选择题
阅读理解

第二部分:阅读理解(第一节 20小题; 第二节 5小题;每小题2分,满分50分)

第一节,阅读下列短文,从每题所给的四个选项(A、B、C和D)中,选出最佳选项。

My grandfather was a teacher. He was the headmaster of a school for boys between thirteen and eighteen. I know that he was a kind and gentle man at heart, because when I was young, he gave me presents, and seated me on his knee, and told me stories. But I believe the boys at his school were afraid of him.

At school, when he walked into a room full of noisy boys, there was silence at once. When he looked at a boy with a certain look in his eyes, the boy went red in the face, and looked down at his shoes. If a boy brought him poor, careless work that was not the best the boy could do, my grandfather would pick up the boy’s book and throw it across the room, shouting, “Do it all again, and bring it back to me in the morning!” If the boy was late, or if he forgot to bring the work, he had to do it again, and again, and yet again. My grandfather never forgot.

He was a very different man at school from the man I saw day by day in his own home.

1. I knew my grandfather was kind and gentle, because _________

A.he was a teacher. 

B.he let me sit on his knee and told me stories.

C.he told me stories about how kind he was

D.he was the headmaster of a school

2. When he looked at a boy in a certain way, the boy ________

A.went red and could not return my grandfather’s look

B.looked back at my grandfather’s red face

C. looked at his shoes to see if they were dirty.

D. went red in the face because his shoes were dirty.

3.When he received poor work, my grandfather _______.

A.would become very angry.    

B.threw the work on the floor, and shouted across the room

C.threw the book at the boy.  

D.went red in the face

4.He was a different man at home because  ________.

A.he didn’t get angry at home as he did at school. 

B.he was not as gentle at home

C.he didn’t throw books about at school like he did at home

D.he did not get angry at home.