84-3-105.
Issue of instrument.
(a) "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.
(b) 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.
(c) "Issuer" applies to issued and unissued instruments and means a maker or drawer of an instrument.
History:
L. 1991, ch. 296, § 5; February 1, 1992.
KANSAS COMMENT, 1996
This section does not vary from the 1995 Official Text, and is new with the 1990 version of the Official Text. "Issue" previously was defined in 84-3-102. If an incomplete, but signed note or check is wrongfully circulated, it is binding on the issuer. The issuer may have a defense (subsection (b)), but that person is still the "issuer" under subsection (c). This section is derived from the former 84-3-102.
Revisor's Note:
Former section 84-3-105 was repealed by L. 1991, ch. 296, § 111 and the number reassigned to the current text.
Mid-Continent Specialists, Inc. v. Capital Homes, L.C., 106 P.3d 483 (Kan. 2005). “84-3-103(5) (maker is person who signs or is identified in a note as a person undertaking to pay); K.S.A. 84-3-105(c) (issuer means a maker or drawer of an instrument).”
State v. Foster, 312 P.3d 364 (Kan. 2013). · cites it 2דSpecifically, the panel looked to K.S.A. 84-3-105(a) for a definition of “issue,” namely: “ ‘[T]he first delivery of an instrument by the maker or drawer .”
State v. Foster, 264 P.3d 116 (Kan. Ct. App. 2011). “2010 Supp. 84-1-201(15), “delivery” with respect to an instrument means voluntary transfer of possession.”
State v. Coleman, 277 P.3d 435 (Kan. Ct. App. 2012). · cites it 4דA negotiable instrument, also referred to in the Uniform Commercial Code as simply an instrument, is an unconditional promise or order to pay a fixed amount of money that is payable to bearer or to order when issued and is payable on demand or at a definite time.”
— K.S.A. § 84-3-105(a) — 3 cases
State v. Foster, 312 P.3d 364 (Kan. 2013). “Specifically, the panel looked to K.S.A. 84-3-105(a) for a definition of “issue,” namely: “ ‘[T]he first delivery of an instrument by the maker or drawer .”
State v. Foster, 264 P.3d 116 (Kan. Ct. App. 2011). “2010 Supp. 84-1-201(15), “delivery” with respect to an instrument means voluntary transfer of possession.”
State v. Coleman, 277 P.3d 435 (Kan. Ct. App. 2012). “A negotiable instrument, also referred to in the Uniform Commercial Code as simply an instrument, is an unconditional promise or order to pay a fixed amount of money that is payable to bearer or to order when issued and is payable on demand or at a definite time.”
— K.S.A. § 84-3-105(c) — 1 case
Mid-Continent Specialists, Inc. v. Capital Homes, L.C., 106 P.3d 483 (Kan. 2005). “84-3-103(5) (maker is person who signs or is identified in a note as a person undertaking to pay); K.S.A. 84-3-105(c) (issuer means a maker or drawer of an instrument).”
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