Tennessee Code Annotated

Tenn. Code Ann. § 47-3-109 (2026)

Payable to bearer or to order

✓ current as of May 2026

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(a) A promise or order is payable to bearer if it:
- (1) 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;
- (2) does not state a payee; or
- (3) states that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person.

(b) A promise or order that is not payable to bearer is payable to order if it is payable (i) to the order of an identified person or (ii) to an identified person or order. A promise or order that is payable to order is payable to the identified person.

(c) An instrument payable to bearer may become payable to an identified person if it is specially endorsed pursuant to § 47-3-205(a). An instrument payable to an identified person may become payable to bearer if it is endorsed in blank pursuant to § 47-3-205(b).

Acts 1995, ch. 397, § 2.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1974–2021 · leading case: Fed. Deposit Ins. Corp. v. Webb, 464 F. Supp. 520 (E.D. Tenn. 1978).

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Fed. Deposit Ins. Corp. v. Webb, 464 F. Supp. 520 (E.D. Tenn. 1978). · cites it 2× “§ 47-3-112(d); nor is negotiability destroyed by an acceleration clause, T.C.A. § 47-3-109(c) and Comment 4. Payment under the notes in this case is not conditioned upon any occurrence other than those permitted by the Code itself.”

Lane v. John Deere Co., 767 S.W.2d 138 (Tenn. 1989). · cites it 2× “§ 47-1-208, and that the good faith standard is intended to curb the “possibility of abuse,” Comment on T.C.A. § 47-3-109. Early litigation involving section 1-208 dealt with the first of these elements.”

State v. Stooksberry, 872 S.W.2d 906 (Tenn. 1994). · cites it 2× “See T.C.A. § 47-3-109(1)(b) (1992). A “post-dated check” is not a check or sight draft; it is payable on the date which the instrument bears.”

Third Nat. Bk., Nashville v. Hardi-Gardens Sup. of Ill., Inc., 380 F. Supp. 930 (M.D. Tenn. 1974). · cites it 2× “” T.C.A. § 47-3-109(1) (c). 5. Accordingly, we find that the notes upon which these suits are based contain unconditional promises to pay a sum certain at a definite time so that each note is a negotiable instrument within the meaning of T.”

Harpeth Fin. Servs., LLC v. Jim Clay Pinson, Jr. (Tenn. Ct. App. 2021). “§ 47-3-109(b) (2001). A check may become payable to bearer if it is “indorsed in blank.”

Tonya D. Thornley v. U. S. Bank, N.A. (Tenn. Ct. App. 2015). “§ 47-3-109(b) (2001), and it is payable at a definite time, monthly installments with all outstanding sums being due and payments on April 1, 2034.”

— Tenn. Code Ann. § 47-3-109(1) — 1 case

Third Nat. Bk., Nashville v. Hardi-Gardens Sup. of Ill., Inc., 380 F. Supp. 930 (M.D. Tenn. 1974). “” T.C.A. § 47-3-109(1) (c). 5. Accordingly, we find that the notes upon which these suits are based contain unconditional promises to pay a sum certain at a definite time so that each note is a negotiable instrument within the meaning of T.”

— Tenn. Code Ann. § 47-3-109(1)(b) — 1 case

State v. Stooksberry, 872 S.W.2d 906 (Tenn. 1994). “See T.C.A. § 47-3-109(1)(b) (1992). A “post-dated check” is not a check or sight draft; it is payable on the date which the instrument bears.”

— Tenn. Code Ann. § 47-3-109(b) — 2 cases

Harpeth Fin. Servs., LLC v. Jim Clay Pinson, Jr. (Tenn. Ct. App. 2021). “§ 47-3-109(b) (2001). A check may become payable to bearer if it is “indorsed in blank.”

— Tenn. Code Ann. § 47-3-109(c) — 1 case

Fed. Deposit Ins. Corp. v. Webb, 464 F. Supp. 520 (E.D. Tenn. 1978). “§ 47-3-112(d); nor is negotiability destroyed by an acceleration clause, T.C.A. § 47-3-109(c) and Comment 4. Payment under the notes in this case is not conditioned upon any occurrence other than those permitted by the Code itself.”

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