Manuel sued Patricia on a promissory note. Patricia admitted signing the note, but raised the defense that Manuel was not a holder in due course. Can Manuel recover without proving that he is a holder in due course? waiter or waitress who was less than six feet tall. Because of this, he had 17 waiters and no waitresses working at the restaurant. Lucinda, a woman less than six feet tall, applied for a job as a waitress and was not hired. Later, she learned that a man who was over six feet in height was hired to fill the position. After a few inquiries, she learned of Tom's height requirements and alleged that she was the victim of illegal discrimination. Decide.