(A) "Negotiation" means a voluntary or involuntary transfer of possession of an instrument by a person other than the issuer to a person who by the transfer becomes the holder of the instrument.
(B) Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.
Whittiker v. Deutsche Bank Nat'l Trust Co., 605 F. Supp. 2d 914 (N.D. Ohio 2009). · cites it 8דThe Ohio “Negotiation” Statute, Ohio Rev.Code § 1303.21 The primary focus of plaintiffs’ objections to the Recommendation is that it did not consider the Ohio “negotiation” statute.”
U.S. Bank Natl. Assn. v. Crow, 2016 Ohio 5391 (Ohio Ct. App. 2016). · cites it 2דSee also R.C. 1303.21(B) (“If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.”
U.S. Bank Nat'l Ass'n v. Courthouse Crossing Acquisitions, LLC, 2017 Ohio 9231 (Ohio Ct. App. 2017). · cites it 3ד" R.C. 1303.21(A). "Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder.”
HSBC Bank USA, Natl. Assn. v. Surrarrer, 2013 Ohio 5594 (Ohio Ct. App. 2013). · cites it 2ד” R.C. 1303.21(A). “After negotiation, an entity is a holder ‘[i]f the instrument is payable to an identified person [and] the identified person [is] in possession of the instrument[,]’” or, if it is payable to the bearer, anyone in possession.”
Glimcher v. Reinhorn, 587 N.E.2d 462 (Ohio Ct. App. 1991). · cites it 2דR.C. 1303.21 provides in pertinent part: “(D) Unless an instrument provides otherwise, interest runs at the rate provided by law for a judgment: “(1) in the case of a maker, acceptor, or other primary obligor of a demand instrument, from the date of demand; “(2) in all other…”
Wells Fargo Bank, N.A. v. Byers, 2014 Ohio 3303 (Ohio Ct. App. 2014). · cites it 2דThe "transfer" of an instrument requires physical delivery of the note "for the purpose of giving to the person receiving delivery the right to enforce the instrument.”
Wiltshire Capital Partners v. Reflections II, Inc., 2020 Ohio 3468 (Ohio Ct. App. 2020). “An "[i]ndorsement" is "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 [to accomplish] * * * negotiat[ion] [of] the instrument.”
The Bank of New York Mellon v. Lewis, 2014 Ohio 5599 (Ohio Ct. App. 2014). · cites it 3ד” R.C. 1303.21(A). Except in circumstances not applicable here, where “the instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder.”
Self Help Ventures Fund v. Jones, 2013 Ohio 868 (Ohio Ct. App. 2013). · cites it 2ד” R.C. 1303.21(A). “[I]f an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder.”
U.S. Bank Natl. Assn. v. Higgins, 2012 Ohio 4086 (Ohio Ct. App. 2012). · cites it 2ד” R.C. 1303.21(A). “Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder.”
Fed. Home Loan Mortg. Corp. v. Schwartzwald, 2011 Ohio 2681 (Ohio Ct. App. 2011). · cites it 2ד” R.C. 1303.21(A). “Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder.”
Fed. Nat'l Mortg. Ass'n v. Herren, 2017 Ohio 8401 (Ohio Ct. App. 2017). · cites it 2ד" R.C. 1303.21(A). The statute goes on to provide, with limited exception, "if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement 3 by the holder.”
HSBC Bank USA, Natl. Assn. v. Surrarrer, 2013 Ohio 5594 (Ohio Ct. App. 2013). “” R.C. 1303.21(A). “After negotiation, an entity is a holder ‘[i]f the instrument is payable to an identified person [and] the identified person [is] in possession of the instrument[,]’” or, if it is payable to the bearer, anyone in possession.”
U.S. Bank Natl. Assn. v. Crow, 2016 Ohio 5391 (Ohio Ct. App. 2016). “See also R.C. 1303.21(B) (“If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.”
Wiltshire Capital Partners v. Reflections II, Inc., 2020 Ohio 3468 (Ohio Ct. App. 2020). “An "[i]ndorsement" is "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 [to accomplish] * * * negotiat[ion] [of] the instrument.”
U.S. Bank Nat'l Ass'n v. Courthouse Crossing Acquisitions, LLC, 2017 Ohio 9231 (Ohio Ct. App. 2017). “" R.C. 1303.21(A). "Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder.”
The Bank of New York Mellon v. Lewis, 2014 Ohio 5599 (Ohio Ct. App. 2014). “” R.C. 1303.21(A). Except in circumstances not applicable here, where “the instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder.”
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