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2018 Georgia Code 11-3-105 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 11-3-105 Case Law from Google Scholar Amendments to OCGA 11-3-105

TITLE 11 COMMERCIAL CODE

Section 3. Negotiable Instruments, 11-3-101 through 11-3-605.

ARTICLE 3 NEGOTIABLE INSTRUMENTS

11-3-105. Issue of instrument.

  1. "Issue" means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person.
  2. An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.
  3. "Issuer" applies to issued and unissued instruments and means a maker or drawer of an instrument.

(Code 1981, §11-3-105, enacted by Ga. L. 1996, p. 1306, § 3.)

JUDICIAL DECISIONS

Enforceability of note.

- Issuance - or delivery - of a note is a prerequisite to its enforceability; thus, where note was never delivered, it cannot be enforced. Jones v. Phillips, 237 Ga. App. 24, 513 S.E.2d 241 (1999).

RESEARCH REFERENCES

U.L.A.

- Uniform Commercial Code (U.L.A.) § 3-105.

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