reglab/housing_qa huggingface dataset:
GA Code § 11-3-109 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 1 - General Provisions and Definitions|§ 11-3-109. Payable to Bearer or to Order

  A promise or order is payable to bearer if it:   States that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment;   Does not state a payee; or   States that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person.     A promise or order that is not payable to bearer is payable to order if it is payable to (i) the order of an identified person; or (ii) an identified person or order. A promise or order that is payable to order is payable to the identified person.   An instrument payable to bearer may become payable to an identified person if it is specially indorsed pursuant to subsection (a) of Code Section 11-3-205. An instrument payable to an identified person may become payable to bearer if it is indorsed in blank pursuant to subsection (b) of Code Section 11-3-205.     (Code 1981, §11-3-109, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 11 Am. Jur. 2d, Bills and Notes, §§ 75 et seq., 122, 203, 212.   C.J.S.   - 10 C.J.S., Bills and Notes, §§ 13, 128.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-109.   ALR.    - Necessity of express agreement between endorsers to be jointly and not successively liable, in order to give a right of contribution as between themselves, 11 A.L.R. 1332; 90 A.L.R. 305.    Waiver of demand and notice as affecting endorsers other than the one above whose name it immediately appears, 21 A.L.R. 1396; 110 A.L.R. 1228.    Presumption from possession of ownership of unendorsed note payable to order on issue between rival claimants, 30 A.L.R. 1492.    Validity and effect of note payable to maker without words of negotiability, 42 A.L.R. 1067; 50 A.L.R. 426.    Instrument payable to "estate" as within rule that an instrument payable to order of fictitious or nonexistent person is payable to bearer, 60 A.L.R. 610.    Payment to, or endorsement by, indicated beneficiary of check purporting to be payable or endorsed to one person "for another,", 61 A.L.R. 272.    When negotiable instruments deemed payable to fictitious or nonexistent persons within statute or rule that makes such paper payable to bearer, 118 A.L.R. 15.    Validity and effect of note payable by its terms to maker or order and not endorsed by maker, 126 A.L.R. 1309.   Liability of bank for diversion to benefit of presenter or third party of proceeds of check drawn to bank's order by drawer not indebted to bank, 69 A.L.R.4th 778.   When is instrument "payable to bearer or to order" as required to constitute negotiable instrument under Article 3 of the Uniform Commercial Code §§ 3-104(a)(1) and 3-109, 77 A.L.R.5th 523.
GA Code § 11-3-111 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 1 - General Provisions and Definitions|§ 11-3-111. Place of Payment

 Except as otherwise provided for items in Article 4 of this title, an instrument is payable at the place of payment stated in the instrument. If no place of payment is stated, an instrument is payable at the address of the drawee or maker stated in the instrument. If no address is stated, the place of payment is the place of business of the drawee or maker. If a drawee or maker has more than one place of business, the place of payment is any place of business of the drawee or maker chosen by the person entitled to enforce the instrument. If the drawee or maker has no place of business, the place of payment is the residence of the drawee or maker.    (Code 1981, §11-3-111, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-111.
GA Code § 11-3-112 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 1 - General Provisions and Definitions|§ 11-3-112. Interest

  Unless otherwise provided in the instrument (i) an instrument is not payable with interest; and (ii) interest on an interest-bearing instrument is payable from the date of the instrument.   Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates. The amount or rate of interest may be stated or described in the instrument in any manner and may require reference to information not contained in the instrument. If an instrument provides for interest, but the amount of interest payable cannot be ascertained from the description, interest is payable at the judgment rate in effect at the place of payment of the instrument and at the time interest first accrues.     (Code 1981, §11-3-112, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-112.
GA Code § 11-3-113 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 1 - General Provisions and Definitions|§ 11-3-113. Date of Instrument

  An instrument may be antedated or postdated. The date stated determines the time of payment if the instrument is payable at a fixed period after date. Except as provided in subsection (c) of Code Section 11-4-401, an instrument payable on demand is not payable before the date of the instrument.   If an instrument is undated, its date is the date of its issue or, in the case of an unissued instrument, the date it first comes into possession of a holder.     (Code 1981, §11-3-113, enacted by Ga. L. 1996, p. 1306, § 3.)   Law reviews.   - For note, "The Law of Evidence in the Uniform Commercial Code," see 1 Ga. L. Rev. 44 (1966). For article discussing parol evidence in the law of commercial paper, see 13 Ga. L. Rev. 53 (1978).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the provisions, decisions under former Code Section 11-3-114, are included in the annotations for this section.    Presumption that date on an instrument is correct is not conclusive, and may be overcome by parol evidence that it was in fact made on another date. Pazol v. Citizens Nat'l Bank, 110 Ga. App. 319, 138 S.E.2d 442 (1964) (decided under former Code Section11-3-114).   Check bearing date more than one year before transfer.    - Regarding requirement of former subsection (3) of this section, fact that copy of a check attached as exhibit to petition bears a date more than one year prior to time instrument was alleged to have been transferred to plaintiff bank does not subject petition to general demurrer (now motion to dismiss) on ground that petition shows bank had notice the check was overdue. Pazol v. Citizens Nat'l Bank, 110 Ga. App. 319, 138 S.E.2d 442 (1964) (decided under former Code Section11-3-114).   RESEARCH REFERENCES   Am. Jur. 2d.   - 11 Am. Jur. 2d, Banks and Financial Institutions, § 898. 11 Am. Jur. 2d, Bills and Notes, §§ 67, 124, 190 et seq.   C.J.S.   - 10 C.J.S., Bills and Notes, §§ 86 et seq., 127.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-113.   ALR.    - Right of transferee of postdated check, 21 A.L.R. 234.    Time as of which postdated check deemed payment or acknowledgment of original obligation for purposes of statute of limitations in action on original obligation, 150 A.L.R. 858.   Controlling date in case of check or note for purpose of unlawful preference provisions of bankruptcy or insolvency statute, 7 A.L.R.2d 1015.   Application of "bad check" statute with respect to postdated checks, 52 A.L.R.3d 464.   Extent of bank's liability for paying postdated check, 31 A.L.R.4th 329.
GA Code § 11-3-114 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 1 - General Provisions and Definitions|§ 11-3-114. Contradictory Terms of Instrument

 If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers.    (Code 1981, §11-3-114, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-114.
GA Code § 11-3-117 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 1 - General Provisions and Definitions|§ 11-3-117. Other Agreements Affecting Instrument

 Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented, or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement. To the extent an obligation is modified, supplemented, or nullified by an agreement under this Code section, the agreement is a defense to the obligation.    (Code 1981, §11-3-117, enacted by Ga. L. 1996, p. 1306, § 3; Ga. L. 1997, p. 143, § 11.)   Law reviews.   - For article discussing parol evidence in the law of commercial paper, see 13 Ga. L. Rev. 53 (1978). For comment on Geiger Fin. Co. v. Graham, 123 Ga. App. 771, 182 S.E.2d 521 (1971), see 8 Ga. St. B.J. 400 (1972).   JUDICIAL DECISIONS   Modification of obligation.    - Although it was true that the obligation of a party to an instrument could be modified, the bank was entitled to summary judgment on its breach of contract claim, which alleged that the obligors executed two promissory notes, that the notes were later in default, that the obligors did not have a defense, especially since the obligors did not show how modification agreements, to which the obligors were not parties, relieved them of their obligations on the notes. Reece v. Chestatee State Bank, 260 Ga. App. 136, 579 S.E.2d 11 (2003).   RESEARCH REFERENCES   Am. Jur. 2d.   - 11 Am. Jur. 2d, Bills and Notes, §§ 52, 127, 131 et seq., 300. 12 Am. Jur. 2d, Bills and Notes, § 671. 69 Am. Jur. 2d, Secured Transactions, § 448.   C.J.S.   - 10 C.J.S., Bills and Notes, §§ 90, 103, et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-117.   ALR.    - Negotiability as affected by provisions for extension of time, 77 A.L.R. 1085.    Waiver of demand and notice as affecting indorsers other than the one above whose name it immediately appears, 110 A.L.R. 1228.
GA Code § 11-3-119 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 1 - General Provisions and Definitions|§ 11-3-119. Notice of Right to Defend Action

 In an action for breach of an obligation for which a third person is answerable over pursuant to this article or Article 4 of this title, the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over. If the notice states that (i) the person notified may come in and defend; and (ii) failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.    (Code 1981, §11-3-119, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-119.
GA Code § 11-3-201 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 2 - Negotiation, Transfer, and Indorsement|§ 11-3-201. Negotiation

  "Negotiation" means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder.   Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.     (Code 1981, §11-3-201, enacted by Ga. L. 1996, p. 1306, § 3.)   Law reviews.   - For article discussing judicial activism in cases involving claims and defenses under the Uniform Commercial Code, see 17 Ga. L. Rev. 569 (1983). For comment on Pendley v. Credit Equip. Corp., 92 Ga. App. 658, 89 S.E.2d 567 (1955), see 18 Ga. B.J. 495 (1956).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Delivery   Endorsement Generally   Forged Endorsements    RESEARCH REFERENCES   Am. Jur. 2d.   - 11 Am. Jur. 2d, Banks and Financial Institutions, § 918. 11 Am. Jur. 2d, Bills and Notes, § 210 et seq. 12 Am. Jur. 2d, Bills and Notes, §§ 586, 630.   C.J.S.   - 10 C.J.S., Bills and Notes, §§ 147, 149.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-201.   ALR.    - Transfer of notes as carrying the original claim for which note was given, 11 A.L.R. 449.    Production of paper purporting to be endorsed in blank by payee or by a special endorsee, as prima facie evidence of plaintiff's title to the paper, 11 A.L.R. 952; 85 A.L.R. 304.    Reference to extrinsic agreements as affecting negotiability of bill or note, 14 A.L.R. 1126; 33 A.L.R. 1173; 37 A.L.R. 655; 61 A.L.R. 815; 104 A.L.R. 1378.    Estoppel of maker of nonnegotiable paper to set up against transferee defense good against payee, 17 A.L.R. 862.    Negotiability of instrument as affected by incompleteness of the attempt to fix due date, 19 A.L.R. 508.    Endorsement of bill or note in form of guaranty of payment, 21 A.L.R. 1375; 33 A.L.R. 97; 46 A.L.R. 1516.    Necessity of endorsement by all payees before maturity to make a transferee a bona fide holder, 25 A.L.R. 163.    Effect of endorsement and delivery of note to comakers, 51 A.L.R. 936.    Construction and application of provision of Negotiable Instruments Law in respect to endorsements which purport to transfer only part of amount payable, 63 A.L.R. 499.    Validity and effect of provision in contract that it shall be regarded as a negotiable instrument, 79 A.L.R. 33.    Necessity of notice of nonpayment of note or bill upon which corporation is primary obligor, in order to hold officer, director, or stockholder as endorser, 123 A.L.R. 1367.   Endorsement of negotiable instrument by writing not on instrument itself, 19 A.L.R.3d 1297.   Provision in draft or note directing payment "on acceptance" as affecting negotiability, 19 A.L.R.4th 1268.
GA Code § 11-3-202 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 2 - Negotiation, Transfer, and Indorsement|§ 11-3-202. Negotiation Subject to Rescission

  Negotiation is effective even if obtained (i) from an infant, a corporation exceeding its powers, or a person without capacity; (ii) by fraud, duress, or mistake; or (iii) in breach of duty or as part of an illegal transaction.   To the extent permitted by other law, negotiation may be rescinded or may be subject to other remedies, but those remedies may not be asserted against a subsequent holder in due course or a person paying the instrument in good faith and without knowledge of facts that are a basis for rescission or other remedy.     (Code 1981, §11-3-202, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 11 Am. Jur. 2d, Bills and Notes, §§ 215, 216, 236. 12 Am. Jur. 2d, Bill and Notes, § 610.   C.J.S.   - 10 C.J.S., Bills and Notes, §§ 159, 161.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-202.   ALR.    - Invalidity of note as affecting liability of endorser to endorsee or subsequent holder, 16 A.L.R. 1377.    Effect of Negotiable Instruments Act on statute invalidating instrument given for gambling consideration, 37 A.L.R. 698; 46 A.L.R. 959.    Statement made to prospective transferree at time of execution of obligation, negativing defense or offset against obligation, as affecting right to set up defense of fraud, 60 A.L.R. 1180.    Construction and effect of provision of Negotiable Instrument Law as to endorsement or assignment of instrument by infant or corporation, 73 A.L.R. 172.
GA Code § 11-3-204 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 2 - Negotiation, Transfer, and Indorsement|§ 11-3-204. Indorsement

  "Indorsement" means a signature, other than that of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of (i) negotiating the instrument; (ii) restricting payment of the instrument; or (iii) incurring indorser's liability on the instrument; but regardless of the intent of the signer, a signature and its accompanying words is an indorsement unless the accompanying words, terms of the instrument, place of the signature, or other circumstances unambiguously indicate that the signature was made for a purpose other than indorsement. For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument.   "Indorser" means a person who makes an indorsement.   For the purpose of determining whether the transferee of an instrument is a holder, an indorsement that transfers a security interest in the instrument is effective as an unqualified indorsement of the instrument.   If an instrument is payable to a holder under a name that is not the name of the holder, indorsement may be made by the holder in the name stated in the instrument or in the holder's name or both, but signature in both names may be required by a person paying or taking the instrument for value or collection.     (Code 1981, §11-3-204, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 11 Am. Jur. 2d, Bills and Notes, § 221.   C.J.S.   - 10 C.J.S., Bills and Notes, §§ 147, 149.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-204.   ALR.    - Construction and application of provision of Negotiable Instruments Law regarding endorsement of instrument by payee or endorsee whose name is wrongly designated or misspelled, 153 A.L.R. 598.
GA Code § 11-3-205 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 2 - Negotiation, Transfer, and Indorsement|§ 11-3-205. Special Indorsement; Blank Indorsement; Anomalous Indorsement

  If an indorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the indorsement identifies a person to whom it makes the instrument payable, it is a "special indorsement." When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person. The principles stated in Code Section 11-3-110 apply to special indorsements.   If an indorsement is made by the holder of an instrument and it is not a special indorsement, it is a "blank indorsement." When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed.   The holder may convert a blank indorsement that consists only of a signature into a special indorsement by writing, above the signature of the indorser, words identifying the person to whom the instrument is made payable.   "Anomalous indorsement" means an indorsement made by a person who is not the holder of the instrument. An anomalous indorsement does not affect the manner in which the instrument may be negotiated.     (Code 1981, §11-3-205, enacted by Ga. L. 1996, p. 1306, § 3.)   Cross references.   - Use of parol evidence to explain blank endorsements of negotiable paper, § 24-3-10.   JUDICIAL DECISIONS    Cited in Gerber & Gerber, P.C. v. Regions Bank, 266 Ga. App. 8, 596 S.E.2d 174 (2004); Consumer Solutions Fin. Servs. v. Heritage Bank, 300 Ga. App. 272, 684 S.E.2d 682 (2009).   RESEARCH REFERENCES   Am. Jur. 2d.   - 11 Am. Jur. 2d, Bills and Notes, § 227, et seq.   C.J.S.   - 10 C.J.S., Bills and Notes, §§ 152, 153.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-205.   ALR.    - Undertaking of one who endorses a note without recourse, 2 A.L.R. 216; 91 A.L.R. 399.    Production of paper purporting to be endorsed in blank by payee or by a special endorsee, as prima facie evidence of plaintiff's title to the paper, 11 A.L.R. 952; 85 A.L.R. 304.    Endorsement of bill or note in form of guaranty of payment, 33 A.L.R. 97; 46 A.L.R. 1516.    Effect of assignment endorsed on back of commercial paper, 44 A.L.R. 1353.    Payment to, or endorsement by, indicated beneficiary of check purporting to be payable or endorsed to one person "for another," 61 A.L.R. 272.
GA Code § 11-3-207 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 2 - Negotiation, Transfer, and Indorsement|§ 11-3-207. Reacquisition

 Reacquisition of an instrument occurs if it is transferred to a former holder, by negotiation or otherwise. A former holder who reacquires the instrument may cancel indorsements made after the reacquirer first became a holder of the instrument. If the cancellation causes the instrument to be payable to the reacquirer or to bearer, the reacquirer may negotiate the instrument. An indorser whose indorsement is canceled is discharged, and the discharge is effective against any subsequent holder.    (Code 1981, §11-3-207, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   8C Am. Jur. Pleading and Practice Forms, Duress and Undue Influence, § 1.   C.J.S.   - 10 C.J.S., Bills and Notes, §§ 158, 244, 248.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-207.
GA Code § 11-3-304 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 3 - Enforcement of Instruments|§ 11-3-304. Overdue Instrument

  An instrument payable on demand becomes overdue at the earliest of the following times:   On the day after the day demand for payment is duly made;   If the instrument is a check, 90 days after its date; or   If the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.     With respect to an instrument payable at a definite time the following rules apply:   If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured;   If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date; or   If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date.     Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal.     (Code 1981, §11-3-304, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-304.
GA Code § 11-3-306 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 3 - Enforcement of Instruments|§ 11-3-306. Claims to an Instrument

 A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument.    (Code 1981, §11-3-306, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-306.