NRS
104.3104 Negotiable instrument.
1. Except as otherwise provided in
subsections 3 and 4, “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:
(a) Is payable to bearer or to order at the time
it is issued or first comes into possession of a holder;
(b) Is payable on demand or at a definite time;
and
(c) 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:
(1) An undertaking or power to give,
maintain or protect collateral to secure payment;
(2) An authorization or power to the
holder to confess judgment or realize on or dispose of collateral;
(3) A waiver of the benefit of any law
intended for the advantage or protection of an obligor;
(4) A term that specifies the law that
governs the promise or order; or
(5) An undertaking to resolve in a
specified forum a dispute concerning the promise or order.
2. “Instrument” means a negotiable
instrument.
3. An order that meets all of the
requirements of subsection 1, except paragraph (a), and otherwise falls within
the definition of “check” in subsection 6 is a negotiable instrument and a
check.
4. 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 article.
5. 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.
6. “Check” means:
(a) A draft, other than a documentary draft,
payable on demand and drawn on a bank; or
(b) A cashier’s check or teller’s check.
Ê An
instrument may be a check even though it is described on its face by another
term, such as “money order.”
7. “Cashier’s check” means a draft with
respect to which the drawer and drawee are the same bank or branches of the
same bank.
8. “Teller’s check” means a draft drawn by
a bank:
(a) On another bank; or
(b) Payable at or through a bank.
9. “Traveler’s check” means an instrument
that:
(a) Is payable on demand;
(b) Is drawn on or payable at or through a bank;
(c) Is designated by the term “traveler’s check”
or by a substantially similar term; and
(d) Requires, as a condition to payment, a
countersignature by a person whose specimen signature appears on the
instrument.
10. “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.
(Added to NRS by 1965,
818; A 1993,
1257; 2023,
3183)
Notes of Decisions
Wishengrad v. Carrington Mortg. Servs., 529 P.3d 880 (Nev. 2023).
· cites it 7× “As the remaining elements in NRS 104.3104(1)(a)-(c) are easily met by the Maximizer Agreement,2 we further hold that the agreement is a negotiable instrument pursuant to NRS Chapter 104.”
In re Phillips, 491 B.R. 255 (Bankr. D. Nev. 2013).
· cites it 4× “” Nev.Rev.Stat. § 104.3104(1) (2011); see Leyva, 255 P.”
In re Stanley, 514 B.R. 27 (Bankr. D. Nev. 2012).
· cites it 4× “” Nev.Rev.Stat. § 104.3104(1). See Leyva, 255 P.”
Tuan Ngoc Nguyen v. State, 14 P.3d 515 (Nev. 2000).
· cites it 3× “3103(l)(f); NRS 104.3104(5). A “check” is an instrument drawn upon a bank and payable on demand, 5 signed by the drawer, containing an instruction to pay a certain amount to another party.”
Leyva v. Nat'l Default Servicing Corp., 255 P.3d 1275 (Nev. 2011).
“NRS 104.3104(1). Thus, a mortgage note is a negotiable instrument, and any negotiation of a mortgage note must be done in accordance with Article 3.”
Fleeger v. Bell, 95 F. Supp. 2d 1126 (D. Nev. 2000).
· cites it 4× “” Nev.Rev.Stat. § 104.3104(6). A draft is “payable on demand” when no time for payment is otherwise stated.”
Petri v. Sheriff of Washoe Cnty., 491 P.2d 43 (Nev. 1971).
“16 (1913); also NRS 104.3104(2)(c). In the instant case legal title to the certificate vested in the county clerk but an equitable interest remained in Jackson as the person whose funds the certificate represented.”
Unruh v. Nevada Nat'l Bank, 498 P.2d 1349 (Nev. 1972).
“NRS 104.3104. Although the *429 payee Bank may have been a holder in due course, NRS 104.”
Herrera (D. Nev. 2026).
· cites it 8× “at 14-15), and 23 because the Note is “not a negotiable instrument” under NRS § 104.3104 (id. at 10-11). 24 The Court agrees with Plaintiff.”
Shults v. Faulkiner (In re Faulkiner), 594 B.R. 426 (Bankr. D. Nev. 2018).
“Negotiable instruments consisting of unconditional promises or orders to pay a fixed amount of money, see NRS 104.3104(1), also must be in writing.”
— Nev. Rev. Stat. § 104.3104(1) — 4 cases
In re Phillips, 491 B.R. 255 (Bankr. D. Nev. 2013).
“” Nev.Rev.Stat. § 104.3104(1) (2011); see Leyva, 255 P.”
Leyva v. Nat'l Default Servicing Corp., 255 P.3d 1275 (Nev. 2011).
“NRS 104.3104(1). Thus, a mortgage note is a negotiable instrument, and any negotiation of a mortgage note must be done in accordance with Article 3.”
In re Stanley, 514 B.R. 27 (Bankr. D. Nev. 2012).
“” Nev.Rev.Stat. § 104.3104(1). See Leyva, 255 P.”
Shults v. Faulkiner (In re Faulkiner), 594 B.R. 426 (Bankr. D. Nev. 2018).
“Negotiable instruments consisting of unconditional promises or orders to pay a fixed amount of money, see NRS 104.3104(1), also must be in writing.”
— Nev. Rev. Stat. § 104.3104(1)(a) — 1 case
Wishengrad v. Carrington Mortg. Servs., 529 P.3d 880 (Nev. 2023).
“As the remaining elements in NRS 104.3104(1)(a)-(c) are easily met by the Maximizer Agreement,2 we further hold that the agreement is a negotiable instrument pursuant to NRS Chapter 104.”
— Nev. Rev. Stat. § 104.3104(1)(b) — 1 case
Wishengrad v. Carrington Mortg. Servs., 529 P.3d 880 (Nev. 2023).
“As the remaining elements in NRS 104.3104(1)(a)-(c) are easily met by the Maximizer Agreement,2 we further hold that the agreement is a negotiable instrument pursuant to NRS Chapter 104.”
— Nev. Rev. Stat. § 104.3104(1)(c) — 1 case
Wishengrad v. Carrington Mortg. Servs., 529 P.3d 880 (Nev. 2023).
“As the remaining elements in NRS 104.3104(1)(a)-(c) are easily met by the Maximizer Agreement,2 we further hold that the agreement is a negotiable instrument pursuant to NRS Chapter 104.”
— Nev. Rev. Stat. § 104.3104(1)(c)(1) — 1 case
Herrera (D. Nev. 2026).
“at 14-15), and 23 because the Note is “not a negotiable instrument” under NRS § 104.3104 (id. at 10-11). 24 The Court agrees with Plaintiff.”
— Nev. Rev. Stat. § 104.3104(2) — 2 cases
In re Phillips, 491 B.R. 255 (Bankr. D. Nev. 2013).
“” Nev.Rev.Stat. § 104.3104(1) (2011); see Leyva, 255 P.”
In re Stanley, 514 B.R. 27 (Bankr. D. Nev. 2012).
“” Nev.Rev.Stat. § 104.3104(1). See Leyva, 255 P.”
— Nev. Rev. Stat. § 104.3104(2)(c) — 1 case
Petri v. Sheriff of Washoe Cnty., 491 P.2d 43 (Nev. 1971).
“16 (1913); also NRS 104.3104(2)(c). In the instant case legal title to the certificate vested in the county clerk but an equitable interest remained in Jackson as the person whose funds the certificate represented.”
— Nev. Rev. Stat. § 104.3104(5) — 2 cases
Wishengrad v. Carrington Mortg. Servs., 529 P.3d 880 (Nev. 2023).
“As the remaining elements in NRS 104.3104(1)(a)-(c) are easily met by the Maximizer Agreement,2 we further hold that the agreement is a negotiable instrument pursuant to NRS Chapter 104.”
Tuan Ngoc Nguyen v. State, 14 P.3d 515 (Nev. 2000).
“3103(l)(f); NRS 104.3104(5). A “check” is an instrument drawn upon a bank and payable on demand, 5 signed by the drawer, containing an instruction to pay a certain amount to another party.”
— Nev. Rev. Stat. § 104.3104(6) — 2 cases
Fleeger v. Bell, 95 F. Supp. 2d 1126 (D. Nev. 2000).
“” Nev.Rev.Stat. § 104.3104(6). A draft is “payable on demand” when no time for payment is otherwise stated.”
Tuan Ngoc Nguyen v. State, 14 P.3d 515 (Nev. 2000).
“3103(l)(f); NRS 104.3104(5). A “check” is an instrument drawn upon a bank and payable on demand, 5 signed by the drawer, containing an instruction to pay a certain amount to another party.”
— Nev. Rev. Stat. § 104.3104(6)(a) — 1 case
Tuan Ngoc Nguyen v. State, 14 P.3d 515 (Nev. 2000).
“3103(l)(f); NRS 104.3104(5). A “check” is an instrument drawn upon a bank and payable on demand, 5 signed by the drawer, containing an instruction to pay a certain amount to another party.”
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