§3-204. Indorsement
(a) "Indorsement" means a signature, other than that of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of (i) negotiating the instrument, (ii) restricting payment of the instrument, or (iii) incurring indorser's liability on the instrument, but regardless of the intent of the signer, a signature and its accompanying words is an indorsement unless the accompanying words, terms of the instrument, place of the signature, or other circumstances unambiguously indicate that the signature was made for a purpose other than indorsement. For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument.
(b) "Indorser" means a person who makes an indorsement.
(c) For the purpose of determining whether the transferee of an instrument is a holder, an indorsement that transfers a security interest in the instrument is effective as an unqualified indorsement of the instrument.
(d) If an instrument is payable to a holder under a name that is not the name of the holder, indorsement may be made by the holder in the name stated in the instrument or in the holder's name or both, but signature in both names may be required by a person paying or taking the instrument for value or collection.
Acts 1992, No. 1133, §3, eff. July 1, 1993; Acts 1993, No. 948, §10, eff. Jan. 1, 1994.
Notes of Decisions
Wells Fargo Bank, N.A. v. Settoon, 120 So. 3d 757 (La. Ct. App. 2013).
· cites it 8× “Section 10:3-204(a) determines when a paper will be considered part of an instrument for purposes of an indorsement, which is an act that can produce significant legal consequences with respect to the instrument, including the negotiation of the instrument, a restriction on the…”
Metro Elec. & Maint. v. Bank One Corp., 924 So. 2d 446 (La. Ct. App. 2006).
“R.S. 10:3-204. Chase further argues that the trial court should have decreased the award to Metro Electric by allocating some portion of the fault to Metro Electric.”
U.S. Bank Nat'l Ass'n v. Dumas, 144 So. 3d 29 (La. Ct. App. 2014).
“R.S. 10:3-204(a). The stamped “signatures” are therefore deemed authentic pursuant to Louisiana Revised Statute 9:4422(1).”
Succession of Walker, 533 So. 2d 70 (La. Ct. App. 1988).
“R.S. 10:3-204(1) and (2) provide that: "(1) A special endorsement specifies the person to whom or to whose order it makes the instrument payable.”
Am. SEC. Bank of Ville Platte v. Deville, 368 So. 2d 167 (La. Ct. App. 1979).
“R.S. 10:3-204(2)), and authentic evidence of the transfer of a bearer note is not necessary to enable the holder to foreclose by executory process.”
In re LeBlanc, 593 B.R. 734 (Bankr. E.D. La. 2018).
“R.S. 10:3-204 ; La. R.S. 9:4422. See Mullen v.”
WISNER ELEVATOR CO. v. Richland State Bank, 862 So. 2d 1112 (La. Ct. App. 2003).
· cites it 2× “Had the government done so, there would be no question as to Wisner's entitlement to a portion of the proceeds from the check. Although the writing on the back of the check is referred to as an indorsement, we note that, standing alone, it does not truly conform to the…”
Delta Acceptance Corp. v. Goldman, 388 So. 2d 85 (La. Ct. App. 1980).
“…with the opinion of this court. The costs of this appeal are assessed to the appellee. REVERSED AND REMANDED. . La.R.S. 10:3-204(1).”
J. P. Messina Contractors, Inc. v. Cortez Constr. Corp., 372 So. 2d 799 (La. Ct. App. 1979).
“LSA-R.S. 10:3-204. The variation of attorney’s fees between 25% in the note and 15% in the mortgage, likewise does not invalidate the mortgage but as held by the trial court, simply limits the mortgage holder to the lesser amount if attorney’s fees are collected.”
La. Rev. Stat. § 10:3-204(1): 2 cases
Succession of Walker, 533 So. 2d 70 (La. Ct. App. 1988).
“R.S. 10:3-204(1) and (2) provide that: "(1) A special endorsement specifies the person to whom or to whose order it makes the instrument payable.”
Delta Acceptance Corp. v. Goldman, 388 So. 2d 85 (La. Ct. App. 1980).
“…with the opinion of this court. The costs of this appeal are assessed to the appellee. REVERSED AND REMANDED. . La.R.S. 10:3-204(1).”
La. Rev. Stat. § 10:3-204(2): 1 case
Am. SEC. Bank of Ville Platte v. Deville, 368 So. 2d 167 (La. Ct. App. 1979).
“R.S. 10:3-204(2)), and authentic evidence of the transfer of a bearer note is not necessary to enable the holder to foreclose by executory process.”
La. Rev. Stat. § 10:3-204(a): 4 cases
Wells Fargo Bank, N.A. v. Settoon, 120 So. 3d 757 (La. Ct. App. 2013).
“Section 10:3-204(a) determines when a paper will be considered part of an instrument for purposes of an indorsement, which is an act that can produce significant legal consequences with respect to the instrument, including the negotiation of the instrument, a restriction on the…”
U.S. Bank Nat'l Ass'n v. Dumas, 144 So. 3d 29 (La. Ct. App. 2014).
“R.S. 10:3-204(a). The stamped “signatures” are therefore deemed authentic pursuant to Louisiana Revised Statute 9:4422(1).”
WISNER ELEVATOR CO. v. Richland State Bank, 862 So. 2d 1112 (La. Ct. App. 2003).
“Had the government done so, there would be no question as to Wisner's entitlement to a portion of the proceeds from the check. Although the writing on the back of the check is referred to as an indorsement, we note that, standing alone, it does not truly conform to the…”
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