Editor's notes.

- In light of the similarity of the provisions, decisions under former Civil Code 1910, § 4273, former Civil Code 1910, § 4273, former Code 1933, § 14-208, and former Code Section 11-3-110, are included in the annotations for this section.

Payee must be indicated with reasonable certainty.

- Where instrument or note is not payable to bearer but is payable to order, there being no blank left for name of payee, payee must be named or indicated therein with reasonable certainty. Peretzman v. Borochoff, 58 Ga. App. 838, 200 S.E. 331 (1938) (decided under former Code Section11-3-110).

Authority to fill blank left for name of payee.

- Where blank is left in bill or note for name of payee, there is an implied authority to holder to fill up instrument and make it in fact what it was designed to be. If made payable in blank, person to whom it is negotiated by maker may fill it up by inserting that person's own name; if made payable to order of person who shall thereafter endorse it, it is negotiable without any alteration, and may be transferred by endorsement. Peretzman v. Borochoff, 58 Ga. App. 838, 200 S.E. 331 (1938) (decided under former Code Section11-3-110).

Absence of language making writing payable to order or bearer.

- Absent language making writing payable to order or bearer, writing is not negotiable instrument. Hall v. Westmoreland, Hall & Bryan, 123 Ga. App. 809, 182 S.E.2d 539 (1971) (decided under former Code Section11-3-110).

Terms "bearer" and "holder" are of same import, and where either is not employed in an instrument it may be negotiated by delivery. Pryor v. American Trust & Banking Co., 15 Ga. App. 822, 84 S.E. 312 (1915)(decided under former Civil Code 1910 § 4273).

Absence of language making writing payable to order or bearer.

- Absent language making writing payable to order or bearer, writing is not negotiable instrument. Hall v. Westmoreland, Hall & Bryan, 123 Ga. App. 809, 182 S.E.2d 539 (1971).

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.