With no explanation, chose the best option from "A", "B", "C" or "D". CD because it incorporated the holder’s possession and endorsement of the CD as a precondition to payment. Aside from bearing the “nontransferable” legend, the CD also stated on its face that “It Will Pay To the Order of Michael Brier * * * On Return Of This Certificate Properly Endorsed.” (Emphasis added.) By incorporating possession and endorsement of the CD as a precondition to payment, the bank implicitly acknowledged that the CD was indeed transferable. See First National Bank in Grand Prairie v. Lone Star Life Insurance Co., 524 S.W.2d 525, 530 (Tex.Civ.App.1975). Otherwise, why would the bank have required Brier to return and endorse the CD upon seeking payment? “Such presentation is necessary for the bank’s protection because lack of possession wou 374 So.2d 6, 10 (Fla.1979) (<HOLDING>). Therefore, because the CD was an instrument

A: holding that the defendant did not establish good faith as a matter of law
B: holding as matter of law that nontransferable cds were article 9 instruments
C: holding as matter of law that cds containing restrictions on transfers were nonetheless article 9 instruments
D: holding that it may be decided as a matter of law
C.