Tennessee Code Annotated
Tenn. Code Ann. § 47-3-105 (2026)
Issue of instrument
✓ current as of May 2026
- (a) "Issue" means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person.
- (b) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.
- (c) "Issuer" applies to issued and unissued instruments and means a maker or drawer of an instrument.
Acts 1995, ch. 397, § 2.
Notes of Decisions
Cited in 4
cases, 1974–2007 · leading case: Bank of Crockett v. Cullipher, 752 S.W.2d 84 (Tenn. Ct. App. 1988).
Bank of Crockett v. Cullipher, 752 S.W.2d 84 (Tenn. Ct. App. 1988). “Section 47-3-105(l)(e) states as follows: When promise or order unconditional.”
Fed. Deposit Ins. Corp. v. Webb, 464 F. Supp. 520 (E.D. Tenn. 1978). “Negotiability is not destroyed by: (1) a recitation of the security given, T.C.A. § 47-3-105(e) and Comment 4, (2) a statement that upon default the holder may realize against the collateral, T.”
Third Nat. Bk., Nashville v. Hardi-Gardens Sup. of Ill., Inc., 380 F. Supp. 930 (M.D. Tenn. 1974). “Clearly, under the Uniform Commercial Code, T.C.A. § 47-3-105(1) (c), the fact that the note is payable “pursuant to the terms” of a specified agreement does not render payment conditional upon performance of the designated agreement.”
Borg v. Chase Manhattan Bank USA, N.A., 247 F. App'x 627 (6th Cir. 2007). “” Tenn. Code Ann. § 47-3-105 (c). The Code defines “drawer” as “a person who signs or is identified in a draft as a person ordering payment.”
— Tenn. Code Ann. § 47-3-105(1) — 1 case
Third Nat. Bk., Nashville v. Hardi-Gardens Sup. of Ill., Inc., 380 F. Supp. 930 (M.D. Tenn. 1974). “Clearly, under the Uniform Commercial Code, T.C.A. § 47-3-105(1) (c), the fact that the note is payable “pursuant to the terms” of a specified agreement does not render payment conditional upon performance of the designated agreement.”
— Tenn. Code Ann. § 47-3-105(1)(c) — 1 case
Third Nat. Bk., Nashville v. Hardi-Gardens Sup. of Ill., Inc., 380 F. Supp. 930 (M.D. Tenn. 1974). “Clearly, under the Uniform Commercial Code, T.C.A. § 47-3-105(1) (c), the fact that the note is payable “pursuant to the terms” of a specified agreement does not render payment conditional upon performance of the designated agreement.”
— Tenn. Code Ann. § 47-3-105(e) — 1 case
Fed. Deposit Ins. Corp. v. Webb, 464 F. Supp. 520 (E.D. Tenn. 1978). “Negotiability is not destroyed by: (1) a recitation of the security given, T.C.A. § 47-3-105(e) and Comment 4, (2) a statement that upon default the holder may realize against the collateral, T.”
— Tenn. Code Ann. § 47-3-105(l)(e) — 1 case
Bank of Crockett v. Cullipher, 752 S.W.2d 84 (Tenn. Ct. App. 1988). “Section 47-3-105(l)(e) states as follows: When promise or order unconditional.”
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