NRS
104.3204 Endorsement.
1. “Endorsement” 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 negotiating the
instrument, restricting payment of the instrument, or incurring endorser’s
liability on the instrument, but regardless of the intent of the signer, a
signature and its accompanying words are an endorsement 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
endorsement. 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.
2. “Endorser” means a person who makes an
endorsement.
3. For the purpose of determining whether
the transferee of an instrument is a holder, an endorsement that transfers a
security interest in the instrument is effective as an unqualified endorsement
of the instrument.
4. If an instrument is payable to a holder
under a name that is not the holder’s own, endorsement may be made by the
holder in the name stated in the instrument or in his or her own name, or both,
but signature in both names may be required by a person paying or taking the
instrument for value or collection.
(Added to NRS by 1965,
823; A 1993,
1268)
Notes of Decisions
Cited in
7
cases, 2011–2020 · 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 5× “§ 3-204(a) (2002) (defining "indorsement”) with Nev. Rev.Stat. § 104.3204(1) (2011) (defining "endorsement”).”
Daisy Trust v. Wells Fargo Bank, N.A., 445 P.3d 846 (Nev. 2019).
“See NRS 104.3204 (discussing the endorsement of a promissory note and not providing any requirement that the endorsement be dated); U.”
In re Stanley, 514 B.R. 27 (Bankr. D. Nev. 2012).
· cites it 5× “” Compare UCC § 3-204(a) (defining "indorsement”) with Nev.Rev.Stat. § 104.3204(1) (defining "endorsement”).”
Edelstein v. Bank of New York Mellon, 286 P.3d 249 (Nev. 2012).
“; see also NRS 104.3204(1) (“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.”
Leyva v. Nat'l Default Servicing Corp., 255 P.3d 1275 (Nev. 2011).
“” NRS 104.3204(1). Thus, if the note is payable to the order of an identifiable party, but is then sold or otherwise assigned to a new party, it must be endorsed by the party to whom it was originally payable for the note to be considered properly negotiated to the new party.”
Daisy Tr. Vs. Wells Fargo Bank, N.A., 2019 NV 30 (Nev. 2019).
· cites it 2× “See NRS 104.3204 (discussing the endorsement of a promissory note and not providing any requirement that the endorsement be dated); U.”
Select Portfolio Serv., Inc. Vs. Dunmire (Nev. 2020).
“Although SPS raised several provisions of NRS Chapter 104 during closing argument, notably NRS 104.3204 and NRS 104.3207, the language of the FHLBC release (unlike the endorsements on the allonges) contains no language clearly indicating a transfer or negotiation of the Note, or…”
— Nev. Rev. Stat. § 104.3204(1) — 4 cases
In re Phillips, 491 B.R. 255 (Bankr. D. Nev. 2013).
“§ 3-204(a) (2002) (defining "indorsement”) with Nev. Rev.Stat. § 104.3204(1) (2011) (defining "endorsement”).”
In re Stanley, 514 B.R. 27 (Bankr. D. Nev. 2012).
“” Compare UCC § 3-204(a) (defining "indorsement”) with Nev.Rev.Stat. § 104.3204(1) (defining "endorsement”).”
Edelstein v. Bank of New York Mellon, 286 P.3d 249 (Nev. 2012).
“; see also NRS 104.3204(1) (“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.”
Leyva v. Nat'l Default Servicing Corp., 255 P.3d 1275 (Nev. 2011).
“” NRS 104.3204(1). Thus, if the note is payable to the order of an identifiable party, but is then sold or otherwise assigned to a new party, it must be endorsed by the party to whom it was originally payable for the note to be considered properly negotiated to the new party.”
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