Defining a Negotiable Instrument Flashcards
What is a negotiable Instrument
Essay Rule Version
A signed writing, stating an unconditional promise or order to pay, a fixed amount of money, payable to bearer or order, on demand or at a definite time, without stating any other instructions or undertakings.
Promise
Must be payable to order or bearer
Money
Must be in government currency
On demand or definite time
Payable on demand, or time readily ascertainable on face of instrument.
No extraneous Circumstances
Maker or drawer should make no promise in the instrument, other then to pay money.
Negotiation of order and bearer Paper
With bearer paper a negotiation takes place when a physical transfer occurs of the instrument. With order paper the negotiation takes place upon physical transfer on the instrument and endorsement of the payee .
Blank & Special endorsements
Black endearment becomes bearer paper, special endearment becomes order paper.