Mississippi Code
Miss. Code Ann. § 75-3-104 (2026)
Negotiable instrument
✓ current as of July 2026
- (a) Except as provided in subsections (c) and (d), "negotiable instrument" means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:
- (1) Is payable to bearer or to order at the time it is issued or first comes into possession of a holder;
- (2) Is payable on demand or at a definite time; and
- (3) Does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain (i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor.
- (b) "Instrument" means a negotiable instrument.
- (c) An order that meets all of the requirements of subsection (a), except paragraph (1), and otherwise falls within the definition of "check" in subsection (f) is a negotiable instrument and a check.
- (d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this chapter.
- (e) An instrument is a "note" if it is a promise and is a "draft" if it is an order. If an instrument falls within the definition of both "note" and "draft," a person entitled to enforce the instrument may treat it as either.
- (f) "Check" means
- (i) a draft, other than a documentary draft, payable on demand and drawn on a bank or
- (ii) a cashier's check or teller's check. An instrument may be a check even though it is described on its face by another term, such as "money order."
- (g) "Cashier's check" means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.
- (h) "Teller's check" means a draft drawn by a bank (i) on another bank, or (ii) payable at or through a bank.
- (i) "Traveler's check" means an instrument that (i) is payable on demand, (ii) is drawn on or payable at or through a bank, (iii) is designated by the term "traveler's check" or by a substantially similar term, and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.
- (j) "Certificate of deposit" means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.
Former § 75-3-104: Codes, 1942, § 41A:3-104; Laws, 1966, ch. 316, § 3-104; Laws, 1992, ch. 420, § 4, eff. 1/1/1993.
Notes of Decisions
Cited in 23
cases (2 in the last 5 years), 1983–2023 · leading case: Epperson v. Southbank, 93 So. 3d 10 (Miss. 2012).
Epperson v. Southbank, 93 So. 3d 10 (Miss. 2012). “A certificate of deposit is “an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money.”
Whitaker v. LIMECO CORP., 32 So. 3d 429 (Miss. 2010). “Miss.Code Ann. § 75-3-104(a) (Rev.2002). ¶ 14.”
Est. of Johnson v. Johnson, 237 So. 3d 698 (Miss. 2017). “" Miss. Code Ann. § 75-3-104 (j) (Rev. 2016).”
Dejean v. Dejean, 982 So. 2d 443 (Miss. Ct. App. 2007). “Miss.Code Ann. § 75-3-102(a) (Rev.2000). Thus, the redemption of the CD is governed by rules other than those contained in Article 3, namely contract law.”
State v. Roderick, 704 So. 2d 49 (Miss. 1997). “" Miss. Code Ann. § 75-3-104 . Post-dating does not affect the negotiability of a check.”
Great S. Nat. Bank v. Minter, 590 So. 2d 129 (Miss. 1991). “The checks are commercial paper under Miss. Code Ann. § 75-3-104 (1972) which reads as follows: (1) Any writing to be a negotiable instrument within this chapter must (a) be signed by the maker or drawer; and (b) contain an unconditional promise or order to pay a sum certain in…”
Est. of Isaacson v. Isaacson, 508 So. 2d 1131 (Miss. 1987). “Miss. Code Ann. § 75-3-104 provides: (1) Any writing to be a negotiable instrument within this chapter must (a) be signed by the maker or drawer; and (b) contain an unconditional promise or order to pay a sum certain in money and no other promise, order, obligation or power…”
Hancock Bank v. Ensenat, 819 So. 2d 3 (Miss. Ct. App. 2001). “" Miss.Code Ann. § 75-3-104(a)(1)-(3) (Supp.”
In Re Est. of Temple, 780 So. 2d 639 (Miss. 2001). “" Miller testified that she was familiar with her uncle's handwriting and that he referred to Miller's mother, his only sister, as "Sister.”
Jordan v. BancorpSouth Bank, 964 So. 2d 1205 (Miss. Ct. App. 2007). “See Miss.Code Ann. 75-3-104 (Rev.2002) (containing the definition of “negotiable instrument”).”
Morgan v. Stevens, 989 So. 2d 482 (Miss. Ct. App. 2008). “Miss.Code Ann. § 75-3-104(a)(l)-(3) (Rev.”
Bank of Crystal Springs v. First Nat. Bank, 427 So. 2d 968 (Miss. 1983). “NOTES [1] Miss. Code Ann. § 75-3-104 (1) (1972), provides the requirements for negotiability within Article 3 as follows: Any writing to be a negotiable instrument within this chapter must (a) be signed by the maker or drawer; and (b) contain an unconditional promise or order to…”
— Miss. Code Ann. § 75-3-104(2)(c) — 1 case
Zimmerman v. Corley, 519 So. 2d 430 (Miss. 1988).
— Miss. Code Ann. § 75-3-104(a) — 1 case
Whitaker v. LIMECO CORP., 32 So. 3d 429 (Miss. 2010). “Miss.Code Ann. § 75-3-104(a) (Rev.2002). ¶ 14.”
— Miss. Code Ann. § 75-3-104(a)(1) — 1 case
Hancock Bank v. Ensenat, 819 So. 2d 3 (Miss. Ct. App. 2001). “" Miss.Code Ann. § 75-3-104(a)(1)-(3) (Supp.”
— Miss. Code Ann. § 75-3-104(a)(l) — 1 case
Morgan v. Stevens, 989 So. 2d 482 (Miss. Ct. App. 2008). “Miss.Code Ann. § 75-3-104(a)(l)-(3) (Rev.”
— Miss. Code Ann. § 75-3-104(d) — 1 case
Dejean v. Dejean, 982 So. 2d 443 (Miss. Ct. App. 2007). “Miss.Code Ann. § 75-3-102(a) (Rev.2000). Thus, the redemption of the CD is governed by rules other than those contained in Article 3, namely contract law.”
— Miss. Code Ann. § 75-3-104(e) — 1 case
Rushing v. Trustmark Nat'l Bank, 66 So. 3d 729 (Miss. Ct. App. 2011).
— Miss. Code Ann. § 75-3-104(j) — 2 cases
Epperson v. Southbank, 93 So. 3d 10 (Miss. 2012). “A certificate of deposit is “an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money.”
In Re Est. of Temple, 780 So. 2d 639 (Miss. 2001). “" Miller testified that she was familiar with her uncle's handwriting and that he referred to Miller's mother, his only sister, as "Sister.”
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