reglab/housing_qa huggingface dataset:
TX Bus & Com Code § 3.304 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter C. Enforcement of Instruments|Section 3.304. Overdue Instrument

Sec. 3.304.  OVERDUE INSTRUMENT.  (a)  An instrument payable on demand becomes overdue at the earliest of the following times:(1)  on the day after the day demand for payment is duly made;(2)  if the instrument is a check, 90 days after its date;  or(3)  if the instrument is not a check, when the instrument has been outstanding for a period of time after its date that is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.(b)  With respect to an instrument payable at a definite time the following rules apply:(1)  if the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue on default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured;(2)  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;  and(3)  if a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date.(c)  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.|Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|
TX Bus & Com Code § 3.306 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter C. Enforcement of Instruments|Section 3.306. Claims to an Instrument

Sec. 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.|Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|
TX Bus & Com Code § 3.307 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter C. Enforcement of Instruments|Section 3.307. Notice of Breach of Fiduciary Duty

Sec. 3.307.  NOTICE OF BREACH OF FIDUCIARY DUTY.  (a)  In this section:(1)  "Fiduciary" means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument.(2)  "Represented person" means the principal, beneficiary, partnership, corporation, or other person to whom the duty stated in Subdivision (1) is owed.(b)  If (i) an instrument is taken from a fiduciary for payment or collection or for value, (ii) the taker has knowledge of the fiduciary status of the fiduciary, and (iii) the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply:(1)  notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person;(2)  in the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of the breach of fiduciary duty if the instrument is:(A)  taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary;(B)  taken in a transaction known by the taker to be for the personal benefit of the fiduciary;  or(C)  deposited to an account other than an account of the fiduciary, as such, or an account of the represented person;(3)  if an instrument is issued by the represented person or the fiduciary as such, and made payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty unless the taker knows of the breach of fiduciary duty;  and(4)  if an instrument is issued by the represented person or the fiduciary as such, to the taker as payee, the taker has notice of the breach of fiduciary duty if the instrument is:(A)  taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary;(B)  taken in a transaction known by the taker to be for the personal benefit of the fiduciary;  or(C)  deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.|Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|
TX Bus & Com Code § 3.308 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter C. Enforcement of Instruments|Section 3.308. Proof of Signatures and Status as Holder in Due Course

Sec. 3.308.  PROOF OF SIGNATURES AND STATUS AS HOLDER IN DUE COURSE.  (a)  In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument are admitted unless specifically denied in the pleadings.  If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature.  If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under Section 3.402(a).(b)  If the validity of signatures is admitted or proved and there is compliance with Subsection (a), a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under Section 3.301, unless the defendant proves a defense or claim in recoupment.  If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course that are not subject to the defense or claim.|Added by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|
TX Bus & Com Code § 3.309 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter C. Enforcement of Instruments|Section 3.309. Enforcement of Lost, Destroyed, or Stolen Instrument

Sec. 3.309.  ENFORCEMENT OF LOST, DESTROYED, OR STOLEN INSTRUMENT.  (a)  A person who is not in possession of an instrument is entitled to enforce the instrument if:(1)  the person seeking to enforce the instrument:(A)  was entitled to enforce the instrument when loss of possession occurred; or(B)  has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred;(2)  the loss of possession was not the result of a transfer by the person or a lawful seizure; and(3)  the person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.(b)  A person seeking enforcement of an instrument under Subsection (a) must prove the terms of the instrument and the person's right to enforce the instrument.  If that proof is made, Section 3.308 applies to the case as if the person seeking enforcement had produced the instrument.  The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument.  Adequate protection may be provided by any reasonable means.|Added by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.Amended by: Acts 2005, 79th Leg., Ch. 95 (S.B. 1563), Sec. 6, eff. September 1, 2005.|
TX Bus & Com Code § 3.310 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter C. Enforcement of Instruments|Section 3.310. Effect of Instrument on Obligation for Which Taken

Sec. 3.310.  EFFECT OF INSTRUMENT ON OBLIGATION FOR WHICH TAKEN.  (a)  Unless otherwise agreed, if a certified check, cashier's check, or teller's check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation.  Discharge of the obligation does not affect any liability that the obligor may have as an indorser of the instrument.(b)  Unless otherwise agreed and except as provided in Subsection (a), if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply:(1)  In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified.  Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check.(2)  In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid.  Payment of the note results in discharge of the obligation to the extent of the payment.(3)  Except as provided in Subdivision (4), if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation.  In the case of an instrument of a third person that is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation.(4)  If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended.  If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen, or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee's rights against the obligor are limited to enforcement of the instrument.(c)  If an instrument other than one described in Subsection (a) or (b) is taken for an obligation, the effect is:(1)  that stated in Subsection (a) if the instrument is one for which a bank is liable as maker or acceptor;  or(2)  that stated in Subsection (b) in any other case.|Added by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|
TX Bus & Com Code § 3.311 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter C. Enforcement of Instruments|Section 3.311. Accord and Satisfaction by Use of Instrument

Sec. 3.311.  ACCORD AND SATISFACTION BY USE OF INSTRUMENT.  (a)  Subsections (b)-(d) apply if a person against whom a claim is asserted proves that:(1)  that person in good faith tendered an instrument to the claimant as full satisfaction of the claim;(2)  the amount of the claim was unliquidated or subject to a bona fide dispute;  and(3)  the claimant obtained payment of the instrument.(b)  Unless Subsection (c) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.(c)  Subject to Subsection (d), a claim is not discharged under Subsection (b) if either of the following applies:(1)  The claimant, if an organization, proves that:(A)  within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place;  and(B)  the instrument or accompanying communication was not received by that designated person, office, or place.(2)  The claimant, whether or not an organization, proves that within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted.  This subdivision does not apply if the claimant is an organization that sent a statement complying with Subdivision (1)(A).(d)  A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.|Added by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|
TX Bus & Com Code § 3.401 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter D. Liability of Parties|Section 3.401. Signature

Sec. 3.401.  SIGNATURE.  (a)  A person is not liable on an instrument unless the person:(1)  signed the instrument;  or(2)  is represented by an agent or representative who signed the instrument and the signature is binding on the represented person under Section 3.402.(b)  A signature may be made (i) manually or by means of a device or machine, and (ii) by the use of any name, including a trade or assumed name, or by a word, mark, or symbol executed or adopted by a person with present intention to authenticate a writing.|Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|
TX Bus & Com Code § 3.402 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter D. Liability of Parties|Section 3.402. Signature by Representative

Sec. 3.402.  SIGNATURE BY REPRESENTATIVE.  (a)  If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the signature to the same extent the represented person would be bound if the signature were on a simple contract.  If the represented person is bound, the signature of the representative is the "authorized signature of the represented person" and the represented person is liable on the instrument, whether or not identified in the instrument.(b)  If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represented person, the following rules apply:(1)  If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representative is not liable on the instrument.(2)  Subject to Subsection (c), the representative is liable on the instrument to a holder in due course that took the instrument without notice that the representative was not intended to be liable on the instrument if (i) the form of the signature does not show unambiguously that the signature is made in a representative capacity, or (ii) the represented person is not identified in the instrument.  With respect to any other person, the representative is liable on the instrument unless the representative proves that the original parties did not intend the representative to be liable on the instrument.(c)  If a representative signs the name of the representative as drawer of a check without indication of the representative status and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person.|Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|
TX Bus & Com Code § 3.403 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter D. Liability of Parties|Section 3.403. Unauthorized Signature

Sec. 3.403.  UNAUTHORIZED SIGNATURE.  (a)  Unless otherwise provided in this chapter or Chapter 4, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the instrument or takes it for value.  An unauthorized signature may be ratified for all purposes of this chapter.(b)  If the signature of more than one person is required to constitute the authorized signature of an organization, the signature of the organization is unauthorized if one of the required signatures is lacking.(c)  The civil or criminal liability of a person who makes an unauthorized signature is not affected by any provision of this chapter that makes the unauthorized signature effective for the purposes of this chapter.|Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|
TX Bus & Com Code § 3.404 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter D. Liability of Parties|Section 3.404. Impostors; Fictitious Payees

Sec. 3.404.  IMPOSTORS;  FICTITIOUS PAYEES.  (a)  If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an indorsement of the instrument by any person in the name of the payee is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.(b)  If (i) a person whose intent determines to whom an instrument is payable (Section 3.110(a) or (b)) does not intend the person identified as payee to have any interest in the instrument, or (ii) the person identified as payee of an instrument is a fictitious person, the following rules apply until the instrument is negotiated by special indorsement:(1)  Any person in possession of the instrument is its holder.(2)  An indorsement by any person in the name of the payee stated in the instrument is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection.(c)  Under Subsection (a) or (b), an indorsement is made in the name of a payee if:(1)  it is made in a name substantially similar to that of the payee;  or(2)  the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to that of the payee.(d)  With respect to an instrument to which Subsection (a) or (b) applies, if a person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure contributes to loss resulting from payment of the instrument, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.|Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|
TX Bus & Com Code § 3.405 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter D. Liability of Parties|Section 3.405. Employer's Responsibility for Fraudulent Indorsement by Employee

Sec. 3.405.  EMPLOYER'S RESPONSIBILITY FOR FRAUDULENT INDORSEMENT BY EMPLOYEE.  (a)  In this section:(1)  "Employee" includes an independent contractor and employee of an independent contractor retained by the employer.(2)  "Fraudulent indorsement" means:(A)  in the case of an instrument payable to the employer, a forged indorsement purporting to be that of the employer;  or(B)  in the case of an instrument with respect to which the employer is the issuer, a forged indorsement purporting to be that of the person identified as payee.(3)  "Responsibility" with respect to instruments means authority (i) to sign or indorse instruments on behalf of the employer, (ii) to process instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition, (iii) to prepare or process instruments for issue in the name of the employer, (iv) to supply information determining the names or addresses of payees of instruments to be issued in the name of the employer, (v) to control the disposition of instruments to be issued in the name of the employer, or (vi) to act otherwise with respect to instruments in a responsible capacity. "Responsibility" does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail, or similar access.(b)  For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent indorsement of the instrument, the indorsement is effective as the indorsement of the person to whom the instrument is payable if it is made in the name of that person.  If the person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure contributes to loss resulting from the fraud, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.(c)  Under Subsection (b), an indorsement is made in the name of the person to whom an instrument is payable if:(1)  it is made in a name substantially similar to the name of that person;  or(2)  the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to the name of that person.|Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|
TX Bus & Com Code § 3.406 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 3 - Negotiable Instruments|Subchapter D. Liability of Parties|Section 3.406. Negligence Contributing to Forged Signature or Alteration of Instrument

Sec. 3.406.  NEGLIGENCE CONTRIBUTING TO FORGED SIGNATURE OR ALTERATION OF INSTRUMENT.  (a)  A person whose failure to exercise ordinary care substantially contributes to an alteration of an instrument or to the making of a forged signature on an instrument is precluded from asserting the alteration or the forgery against a person who, in good faith, pays the instrument or takes it for value or for collection.(b)  Under Subsection (a), if the person asserting the preclusion fails to exercise ordinary care in paying or taking the instrument and that failure contributes to loss, the loss is allocated between the person precluded and the person asserting the preclusion according to the extent to which the failure of each to exercise ordinary care contributed to the loss.(c)  Under Subsection (a), the burden of proving failure to exercise ordinary care is on the person asserting the preclusion.  Under Subsection (b), the burden of proving failure to exercise ordinary care is on the person precluded.|Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.|