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810 ILCS 5/3-103

Definitions

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(810 ILCS 5/3-103) (from Ch. 26, par. 3-103)
    Sec. 3-103. Definitions.
    (a) In this Article:
        (1) "Acceptor" means a drawee that has accepted a
    
draft.
        (2) "Drawee" means a person ordered in a draft to
    
make payment.
        (3) "Drawer" means a person who signs or is
    
identified in a draft as a person ordering payment.
        (4) "Good faith" means honesty in fact and the
    
observance of reasonable commercial standards of fair dealing.
        (5) "Maker" means a person who signs or is identified
    
in a note as a person undertaking to pay.
        (6) "Order" means a written instruction to pay money
    
signed by the person giving the instruction. The instruction may be addressed to any person, including the person giving the instruction, or to one or more persons jointly or in the alternative but not in succession. An authorization to pay is not an order unless the person authorized to pay is also instructed to pay.
        (7) "Ordinary care" in the case of a person engaged
    
in business means observance of reasonable commercial standards, prevailing in the area in which the person is located with respect to the business in which the person is engaged. In the case of a bank that takes an instrument for processing for collection or payment by automated means, reasonable commercial standards do not require the bank to examine the instrument if the failure to examine does not violate the bank's prescribed procedures and the bank's procedures do not vary unreasonably from general banking usage not disapproved by this Article or Article 4.
        (8) "Party" means a party to an instrument.
        (9) "Promise" means a written undertaking to pay
    
money signed by the person undertaking to pay. An acknowledgment of an obligation by the obligor is not a promise unless the obligor also undertakes to pay the obligation.
        (10) "Prove" with respect to a fact means to meet the
    
burden of establishing the fact (Section 1-201(b)(8)).
        (11) "Remitter" means a person that purchases an
    
instrument from its issuer if the instrument is payable to an identified person other than the purchaser.
    (b) Other definitions applying to this Article and the Sections in which they appear are:
    "Acceptance"Section 3-409
    "Accommodated party"Section 3-419
    "Accommodation party"Section 3-419
    "Alteration"Section 3-407
    "Anomalous indorsement"Section 3-205
    "Blank indorsement"Section 3-205
    "Cashier's check"Section 3-104
    "Certificate of deposit"Section 3-104
    "Certified check"Section 3-409
    "Check"Section 3-104
    "Consideration"Section 3-303
    "Draft"Section 3-104
    "Holder in due course"Section 3-302
    "Incomplete instrument"Section 3-115
    "Indorsement"Section 3-204
    "Indorser"Section 3-204
    "Instrument"Section 3-104
    "Issue"Section 3-105
    "Issuer"Section 3-105
    "Negotiable instrument"Section 3-104
    "Negotiation"Section 3-201
    "Note"Section 3-104
    "Payable at a definite time"Section 3-108
    "Payable on demand"Section 3-108
    "Payable to bearer"Section 3-109
    "Payable to order"Section 3-109
    "Payment"Section 3-602
    "Person entitled to enforce"Section 3-301
    "Presentment"Section 3-501
    "Reacquisition"Section 3-207
    "Special indorsement"Section 3-205
    "Teller's check"Section 3-104
    "Transfer of instrument"Section 3-203
    "Traveler's check"Section 3-104
    "Value"Section 3-303
    (c) The following definitions in other Articles apply to this Article:
    "Bank"Section 4-105
    "Banking day"Section 4-104
    "Clearing house"Section 4-104
    "Collecting bank"Section 4-105
    "Depositary bank"Section 4-105
    "Documentary draft"Section 4-104
    "Intermediary bank"Section 4-105
    "Item"Section 4-104
    "Payor bank"Section 4-105
    "Suspends payments"Section 4-104.
    (d) In addition, Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.
(Source: P.A. 95-895, eff. 1-1-09.)

    
Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1997–2026 · leading case: Whitaker v. Wedbush Securities, Inc.
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Whitaker v. Wedbush Securities, Inc. (2020) ill “Defendant argues that the definition of a bank is essentially the same in article 3 (810 ILCS 5/3-103(c) (West 2014)), article 4 -7- (810 ILCS 5/4-105(1) (West 2014)), and article 4A (810 ILCS 5/4A-105(a)(2) (West 2014)) and that those definitions should be interpreted…”
Affiliated Heath Group, Ltd v. Devon Bank (2016) illappct “" 810 ILCS 5/3-103(a)(2) (West 2014). The drawees in this case are the Insurers' banks who issued the checks not the Insurers themselves.”
State Bank of the Lakes v. Kansas Bankers Surety Co., Cross-Appellee (2003) ca7 “(Even Article 3 of the UCC, which contains a definition of “good faith” resembling what Kansas Bankers Surety proposes — “honesty in fact and the observance of reasonable commercial standards of fair dealing”, 810 ILCS 5/3-103(a)(4) — links commercial reasonableness to “fair…”
McMahon Food Corp., and Counterdefendant-Appellant v. Burger Dairy Co., and Counterplaintiff-Appellee (1997) ca7 “" 810 ILCS 5/3-103(4). 5 . The Restatement (Second) of Contracts § 214 reads in pertinent part: "Agreements and negotiations prior to or contemporaneous with the adoption of a writing are admissible in evidence to establish (a) that the writing is or is not an integrated…”
Western & Lake Check Cashers, LLC v. Propane Pete, LLC (2023) illappct “See 810 ILCS 5/3-103(a)(3) (West 2020) (“ ‘Drawer’ means a person who signs or is identified in a draft as a person ordering payment.”
First American Bank v. Federal Reserve Bank of Atlanta (2016) ca7 “” 810 ILCS 5/3-103(a)(4) and comment 4. Another claim by First American is “negligent spoliation of evidence” in violation of Illinois common law, the spoliation being alleged to be Citizens Bank’s destruction of the original paper check after the bank *490 made the electronic…”
Travelers Cas. & Sur. Co. of Am. v. Paderta (2018) illinoised “See 810 ILCS 5/3-103(d) ("Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article [3].”
Travelers Casualty and Surety Company of America v. Paderta (2018) ilnd “See 810 ILCS 5/3-103(d) (“Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article [3].”
Designer Direct, Inc. v. PNC Financial Services Group, Inc. (2019) ilnd “810 ILCS 5/3-103(a)(9). Plaintiff’s reliance upon Section 4-406(e) is misplaced, however, because it fails to adduce any evidence that Defendants’ conduct fell below ordinary care when they paid the thirty-nine checks.”
West State Street Check Cashing v. United Equitable Group, Ltd. (2026) illappct “” 810 ILCS 5/3-103(a)(3) (West 2024). Under the UCC, United Equitable is the drawer of the check.”
State Bank of Lakes v. Kansas Bankers (2003) ca7 “(Even Article 3 of the UCC, which contains a definition of “good faith” resem- bling what Kansas Bankers Surety proposes—“honesty in fact and the observance of reasonable commercial standards of fair dealing”, 810 ILCS 5/3-103(a)(4)—links commercial reasonableness to “fair…”
Rodrigue, Linda v. Olin Employees (2005) ca7 “810 ILCS 5/3-103(a)(7); see also id. UCC Comment 5 (definition of “ordinary care” applies to both banks and to 28 Nos.”
Show all 14 citing cases →
— 810 ILCS 5/3-103(4) — 1 case
McMahon Food Corp., and Counterdefendant-Appellant v. Burger Dairy Co., and Counterplaintiff-Appellee (1997) ca7 “" 810 ILCS 5/3-103(4). 5 . The Restatement (Second) of Contracts § 214 reads in pertinent part: "Agreements and negotiations prior to or contemporaneous with the adoption of a writing are admissible in evidence to establish (a) that the writing is or is not an integrated…”
— 810 ILCS 5/3-103(a)(2) — 1 case
Affiliated Heath Group, Ltd v. Devon Bank (2016) illappct “" 810 ILCS 5/3-103(a)(2) (West 2014). The drawees in this case are the Insurers' banks who issued the checks not the Insurers themselves.”
— 810 ILCS 5/3-103(a)(3) — 2 cases
Western & Lake Check Cashers, LLC v. Propane Pete, LLC (2023) illappct “See 810 ILCS 5/3-103(a)(3) (West 2020) (“ ‘Drawer’ means a person who signs or is identified in a draft as a person ordering payment.”
West State Street Check Cashing v. United Equitable Group, Ltd. (2026) illappct “” 810 ILCS 5/3-103(a)(3) (West 2024). Under the UCC, United Equitable is the drawer of the check.”
— 810 ILCS 5/3-103(a)(4) — 3 cases
State Bank of the Lakes v. Kansas Bankers Surety Co., Cross-Appellee (2003) ca7 “(Even Article 3 of the UCC, which contains a definition of “good faith” resembling what Kansas Bankers Surety proposes — “honesty in fact and the observance of reasonable commercial standards of fair dealing”, 810 ILCS 5/3-103(a)(4) — links commercial reasonableness to “fair…”
First American Bank v. Federal Reserve Bank of Atlanta (2016) ca7 “” 810 ILCS 5/3-103(a)(4) and comment 4. Another claim by First American is “negligent spoliation of evidence” in violation of Illinois common law, the spoliation being alleged to be Citizens Bank’s destruction of the original paper check after the bank *490 made the electronic…”
State Bank of Lakes v. Kansas Bankers (2003) ca7 “(Even Article 3 of the UCC, which contains a definition of “good faith” resem- bling what Kansas Bankers Surety proposes—“honesty in fact and the observance of reasonable commercial standards of fair dealing”, 810 ILCS 5/3-103(a)(4)—links commercial reasonableness to “fair…”
— 810 ILCS 5/3-103(a)(6) — 1 case
Strosberg v. Brauvin Realty Services, Inc. (1998) illappct
— 810 ILCS 5/3-103(a)(7) — 2 cases
Rodrigue, Linda v. Olin Employees (2005) ca7 “810 ILCS 5/3-103(a)(7); see also id. UCC Comment 5 (definition of “ordinary care” applies to both banks and to 28 Nos.”
Continental Casualty Co. v. American National Bank & Trust Co. (2002) illappct
— 810 ILCS 5/3-103(a)(9) — 1 case
Designer Direct, Inc. v. PNC Financial Services Group, Inc. (2019) ilnd “810 ILCS 5/3-103(a)(9). Plaintiff’s reliance upon Section 4-406(e) is misplaced, however, because it fails to adduce any evidence that Defendants’ conduct fell below ordinary care when they paid the thirty-nine checks.”
— 810 ILCS 5/3-103(c) — 1 case
Whitaker v. Wedbush Securities, Inc. (2020) ill “Defendant argues that the definition of a bank is essentially the same in article 3 (810 ILCS 5/3-103(c) (West 2014)), article 4 -7- (810 ILCS 5/4-105(1) (West 2014)), and article 4A (810 ILCS 5/4A-105(a)(2) (West 2014)) and that those definitions should be interpreted…”
— 810 ILCS 5/3-103(d) — 2 cases
Travelers Cas. & Sur. Co. of Am. v. Paderta (2018) illinoised “See 810 ILCS 5/3-103(d) ("Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article [3].”
Travelers Casualty and Surety Company of America v. Paderta (2018) ilnd “See 810 ILCS 5/3-103(d) (“Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article [3].”
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