NRS
104.3109 Payable to bearer or to order.
1. A promise or order is payable to bearer
if it:
(a) States that it is payable to bearer or to the
order of bearer or otherwise indicates that the person in possession of the
promise or order is entitled to payment;
(b) Does not state a payee; or
(c) States that it is payable to or to the order
of cash or otherwise indicates that it is not payable to an identified person.
2. A promise or order that is not payable
to bearer is payable to order if it is payable to the order of an identified
person or to an identified person or order. A promise or order that is payable
to order is payable to the identified person.
3. An instrument payable to bearer may become
payable to an identified person if it is specially endorsed pursuant to
subsection 1 of NRS 104.3205. An
instrument payable to an identified person may become payable to bearer if it
is endorsed in blank pursuant to subsection 2 of NRS 104.3205.
(Added to NRS by 1965,
820; A 1993,
1262)
Notes of Decisions
Cited in
7
cases (
2 in the last 5 years), 2011–2026 · leading case:
In re Phillips, 491 B.R. 255 (Bankr. D. Nev. 2013).
In re Phillips, 491 B.R. 255 (Bankr. D. Nev. 2013).
· cites it 6× “§ 104.3109; see Ley-va, 255 P.3d at 1280 .”
Leyva v. Nat'l Default Servicing Corp., 255 P.3d 1275 (Nev. 2011).
· cites it 3× “NRS 104.3109. If the note is payable to bearer, that “indicates that the person in possession of the promise or order is entitled to payment.”
In re Stanley, 514 B.R. 27 (Bankr. D. Nev. 2012).
· cites it 6× “Nev. Rev. Stat. § 104.3109 . See Leyva, 255 P.”
Wishengrad v. Carrington Mortg. Servs., 529 P.3d 880 (Nev. 2023).
“Given that 3 Given that the Maximizer Agreement is payable to bearer under NRS Chapter 104, see note 2, supra, the person in possession of the Maximizer Agreement is entitled to payment.”
Herrera (D. Nev. 2026).
“) Under NRS 12 § 104.3109(2), a promise or order is “payable to order” if it is “payable to the order of an 13 identified person,” and, here, the Note is made payable to Choice RAC, the “payee.”
Arin v. Recontrust, N.A. (Nev. 2013).
“See NRS 104.3109(3) ("An instrument payable to an identified person may become payable to bearer if it is endorsed in blank.”
— Nev. Rev. Stat. § 104.3109(1)(a) — 1 case
Wishengrad v. Carrington Mortg. Servs., 529 P.3d 880 (Nev. 2023).
“Given that 3 Given that the Maximizer Agreement is payable to bearer under NRS Chapter 104, see note 2, supra, the person in possession of the Maximizer Agreement is entitled to payment.”
— Nev. Rev. Stat. § 104.3109(2) — 4 cases
Leyva v. Nat'l Default Servicing Corp., 255 P.3d 1275 (Nev. 2011).
“NRS 104.3109. If the note is payable to bearer, that “indicates that the person in possession of the promise or order is entitled to payment.”
In re Phillips, 491 B.R. 255 (Bankr. D. Nev. 2013).
“§ 104.3109; see Ley-va, 255 P.3d at 1280 .”
In re Stanley, 514 B.R. 27 (Bankr. D. Nev. 2012).
“Nev. Rev. Stat. § 104.3109 . See Leyva, 255 P.”
Herrera (D. Nev. 2026).
“) Under NRS 12 § 104.3109(2), a promise or order is “payable to order” if it is “payable to the order of an 13 identified person,” and, here, the Note is made payable to Choice RAC, the “payee.”
— Nev. Rev. Stat. § 104.3109(3) — 1 case
Arin v. Recontrust, N.A. (Nev. 2013).
“See NRS 104.3109(3) ("An instrument payable to an identified person may become payable to bearer if it is endorsed in blank.”
— Nev. Rev. Stat. § 104.3109(l)(a) — 4 cases
In re Phillips, 491 B.R. 255 (Bankr. D. Nev. 2013).
“§ 104.3109; see Ley-va, 255 P.3d at 1280 .”
Leyva v. Nat'l Default Servicing Corp., 255 P.3d 1275 (Nev. 2011).
“NRS 104.3109. If the note is payable to bearer, that “indicates that the person in possession of the promise or order is entitled to payment.”
In re Stanley, 514 B.R. 27 (Bankr. D. Nev. 2012).
“Nev. Rev. Stat. § 104.3109 . See Leyva, 255 P.”
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