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62 Cards in this Set

  • Front
  • Back

An instrument is blank when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof

Negotiated

If payable to bearer, it is negotiated by

Delivery

If payable to order, it is negotiated by

The indorsement of the holder completed by delivery

Methods of transfer of a negotiable instrument

Issue


Negotiation


Assignment

First delivery of the instrument complete in form, to a person who takes it as a holder

Issue

First transfer of an instrument to a payee

Issue

Operates to make the transferee of a negotiable instrument the holder thereof

Negotiation

Ordinarily involves indorsement so that blank and indorsement are often used interchangeably

Negotiation

Involves a transfer of rights under a contract

Assignment

Transfer of non negotiable instrument always constitute a blank

Assignment

The word blank is also used when referring to assignment

Transfer

When a negotiation takes place, the transferee becomes a blank

Holder

Transfer of a negotiable instrument from one person to another made in such a manner as to constitute the transferee the holder thereof

Negotiation

There is blank if the transfer does not make the transferee the holder of the instrument

No negotiation

Methods of negotiation

Instruments payable to order


Instruments payable to bearer

An indorsement by the payee or present holder and the delivery to the next holder are the two steps for the negotiation

Instruments payable to order

It is negotiated by mere delivery alone without indorsement

Instruments payable to bearer

Person in possession of a bill or note

Bearer

Transfer of possession, actual or constructive from one person to another

Delivery

Payee or indorsee of a bill or note who is in possession of it or the bearer thereof

Holder

The payment of a check or other bill by the DRAWEE BANK is not a negotiation and does not make the bank a holder

True

Transfer if the title to an instrument with the assignee generally taking only such title or tights as his assigning has, subject to all defenses available against his assignor

Assignment

May either be negotiated or assigned

Negotiable instrument

Can only be assigned or transferred

Non-negotiable instrument

Refers only to negotiable instrument

Negotiation

Refers generally to an ordinary contract

Assignment

In negotiation, the transferee is a blank

Holder

In assignment, the transferee is a blank

Assignee

Subject only to real defenses

Holder in due course

Subject to both real and personal defenses

Assignee

Warrants the solvency of prior parties

General indorser

Does not warrant the solvency of prior parties unless expressly stipulated or the insolvency is known to him

Assignor

Not liable unless there be presentment and notice of dishonor

Indorser

Liable even without notice of dishonor

Assignor

The signature of the indorser without additional words, is not a sufficient indorsement

False

Writing of the name of the payee on the instrument with the intent either to transfer the title to the same or to strengthen the security of the holder by assuming a contingent liability for its future payment, or both

Indorsement

The payee by signing the instrument and delivering it to another person

Indorser

The person who receives the indorsed instrument

Indorsee

Essential to the execution of an instrument payable to the order of the maker or drawer

Indorsement

Does not make a negotiation a mere assignment

Assign

Indorsement requiring only the signature of the indorser without additional words is

Blank indorsement

Where the name of the indorsee is specified

Special indorsement

Indorsement is derived from the Latin word blank

Indorsa

Where the indorsement is on a slip of paper physically attached to the instrument so as to become part of it, the paper is known as

Allonge

Indorsement must be of entire instrument

True

Indorsement to multiple payees or indorsees

Joint payees


Alternative payees

An indorsement purporting to transfer the instrument to two or more persons generally does not operate as a negotiation of the instrument for again the causes of action is split or divided

Joint payees

Indorsement as to methods of negotiation

Special


Blank

Indorsement as to kind of title transferred

Restrictive


Non-restrictive

Indorsement as to scope of liability of indorser

Qualified


Unqualified or general

Indorsement as to presence or absence of limitations

Conditional


Unconditional

Indorsement as to the other kinds of indorsement

Joint


Successive


Irregular or anomalous


Facultative

Specifies the person to whom or to whose order the instrument is to be payable and the indorsement of such indorsee is necessary to the further negotiation of the instrument

Special indorsement

Specifies no indorsee and an instrument so indorsed is payable to bearer and may be negotiated by delivery

Blank ndorsement

Restrictive indorsement

1. Prohibits further negotiation


2. Constitutes indorsee agent of indorser


3. Vests title in indorsee for the benefit of the indorser or a third party

Constitutes the indorser a mere assignee of the title of the instrument

Qualified instrument

Means a resort to a person who is secondarily liable after the default of the person who is primarily liable

Recourse

Effects of qualified indorsement

1. Indorser, a mere assignor


2. Minister's liability limited


3. Negotiability of instrument not affected

Transfer title without guaranteeing payment

Qualified indorsement

A party required to pay the instrument may disregard the condition and make payment to the indorsee or his transferee whether the condition has been fulfilled or not

Conditional indorsement

One by which the indorser binds himself to pay upon no other condition than the failure of prior parties to do so and of dye notice to him of such failure

Absolute indorsement

One by which the indorser imposes some other condition to his liability or on the indorsee's right to collect the proceeds of the instrument

Conditional indorsement