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Tennessee Code Annotated

Tenn. Code Ann. § 47-4-104 (2026)

Definitions and index of definitions

✓ current as of May 2026
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Acts 1963, ch. 81, § 1 (4-104); 1995, ch. 397, § 3; 1997 , ch. 79, § 17; 2003 , ch. 62, § 24; 2008 , ch. 814, § 20.

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1973–2024 · leading case: Harber v. Leader Fed. Bank for Sav., 159 S.W.3d 545 (Tenn. Ct. App. 2004).
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Harber v. Leader Fed. Bank for Sav., 159 S.W.3d 545 (Tenn. Ct. App. 2004). · cites it 4× “§ 47-4-104(1) (1994). The trial court apparently reasoned that Tenn.”
McConnico v. Third Nat'l Bank in Nashville, 499 S.W.2d 874 (Tenn. 1973). · cites it 4× “See, T.C.A. § 47-4-104. Even if it could be so construed, the applicable limitation therein, under the facts of this case, would be three years.”
Smith v. First Union Nat'l Bank of Tennessee, 958 S.W.2d 113 (Tenn. Ct. App. 1997). · cites it 2× “We should note that an “item” as that term is used in the above is defined in T.C.A. § 47-4-104 as follows: Definitions and index of definitions— (a) as used in this chapter, unless the context otherwise requires: * * * * (9) “Item” means an instrument or a promise or order to…”
Memphis Aero Corp. v. First Am. Nat'l Bank, 647 S.W.2d 219 (Tenn. 1983). · cites it 6× “” Clearly it was contemplated that the title papers were to be “delivered against honor of the draft,” T.C.A. § 47-4-104(f), and the draft was a “documentary draft,” not a check or a simple sight draft which had to be proc *224 essed under T.”
Hobson v. First State Bank, 777 S.W.2d 24 (Tenn. Ct. App. 1989). · cites it 2× “T.C.A. § 47-4-104(h) defines “midnight deadline” as “midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later.”
Lawyers Title Ins. v. United Am. Bank of Memphis, 21 F. Supp. 2d 785 (W.D. Tenn. 1998). · cites it 2× “” Tenn.Code Ann. § 47-4-104(10). Under § 47-4-302, a bank is strictly hable for the face amount of the cheek for failure to comply with the deadline, regardless of whether any damages are suffered.”
Yeiser v. Bank of Adamsville, 614 S.W.2d 338 (Tenn. 1981). · cites it 2× “T.C.A. § 47-4-104(h). 2 . “ ‘Send’ in connection with any writing or notice means to deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and in the case of an…”
Smallman v. Home Fed. Sav. Bank of Tennessee, 786 S.W.2d 954 (Tenn. Ct. App. 1989). · cites it 2× “" T.C.A. 47-4-104(1)(h). August 30, when the copy of the check was returned a second time, was a Friday, and due to the Labor Day Holiday on September 2, the midnight deadline was Tuesday, September 3.”
Brown v. Fed. Sav. Bank (In Re Brown), 209 B.R. 874 (Bankr. W.D. Tenn. 1997). “§ 47-4-104(a). 4 . A "depositary bank” is the "first bank to take an item [for deposit] even though it is also the payor bank,” a "payor bank” is "a bank that is the drawee of a draft,” and a "collecting bank” is “a bank handling an item for collection except the payor bank.”
First Am. Nat'l Bank of Nashville v. Com. Union Bank of White Cnty., 692 S.W.2d 642 (Tenn. Ct. App. 1985). · cites it 2× “Nevertheless, plaintiff insists that it is a “customer” of Commerce Union by virtue of T.C.A. § 47-4-104(l)(e) Customer means any person having an account with a bank or for whom a bank has agreed to collect items and includes a bank carrying an account with another bank.”
Philips North Am., LLC v. KPI Healthcare, Inc. (Tenn. Ct. App. 2023). · cites it 2× “See Tenn. Code Ann. § 47-4-104 (a)(5) (defining “customer” as the “person having an account with a bank”).”
Elaster v. Bank of Am. Corp. (E.D. Tenn. 2024). · cites it 2× “” T.C.A. § 47-4-104. Plaintiff does not allege that she was a customer of any of the entities she names in her pleadings.”
Show all 13 citing cases →
— Tenn. Code Ann. § 47-4-104(1) — 1 case
Harber v. Leader Fed. Bank for Sav., 159 S.W.3d 545 (Tenn. Ct. App. 2004). “§ 47-4-104(1) (1994). The trial court apparently reasoned that Tenn.”
— Tenn. Code Ann. § 47-4-104(1)(h) — 1 case
Smallman v. Home Fed. Sav. Bank of Tennessee, 786 S.W.2d 954 (Tenn. Ct. App. 1989). “" T.C.A. 47-4-104(1)(h). August 30, when the copy of the check was returned a second time, was a Friday, and due to the Labor Day Holiday on September 2, the midnight deadline was Tuesday, September 3.”
— Tenn. Code Ann. § 47-4-104(10) — 1 case
Lawyers Title Ins. v. United Am. Bank of Memphis, 21 F. Supp. 2d 785 (W.D. Tenn. 1998). “” Tenn.Code Ann. § 47-4-104(10). Under § 47-4-302, a bank is strictly hable for the face amount of the cheek for failure to comply with the deadline, regardless of whether any damages are suffered.”
— Tenn. Code Ann. § 47-4-104(a) — 1 case
Brown v. Fed. Sav. Bank (In Re Brown), 209 B.R. 874 (Bankr. W.D. Tenn. 1997). “§ 47-4-104(a). 4 . A "depositary bank” is the "first bank to take an item [for deposit] even though it is also the payor bank,” a "payor bank” is "a bank that is the drawee of a draft,” and a "collecting bank” is “a bank handling an item for collection except the payor bank.”
— Tenn. Code Ann. § 47-4-104(f) — 1 case
Memphis Aero Corp. v. First Am. Nat'l Bank, 647 S.W.2d 219 (Tenn. 1983). “” Clearly it was contemplated that the title papers were to be “delivered against honor of the draft,” T.C.A. § 47-4-104(f), and the draft was a “documentary draft,” not a check or a simple sight draft which had to be proc *224 essed under T.”
— Tenn. Code Ann. § 47-4-104(g) — 1 case
Harber v. Leader Fed. Bank for Sav., 159 S.W.3d 545 (Tenn. Ct. App. 2004). “§ 47-4-104(1) (1994). The trial court apparently reasoned that Tenn.”
— Tenn. Code Ann. § 47-4-104(h) — 2 cases
Hobson v. First State Bank, 777 S.W.2d 24 (Tenn. Ct. App. 1989). “T.C.A. § 47-4-104(h) defines “midnight deadline” as “midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later.”
Yeiser v. Bank of Adamsville, 614 S.W.2d 338 (Tenn. 1981). “T.C.A. § 47-4-104(h). 2 . “ ‘Send’ in connection with any writing or notice means to deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and in the case of an…”
— Tenn. Code Ann. § 47-4-104(i) — 1 case
Memphis Aero Corp. v. First Am. Nat'l Bank, 647 S.W.2d 219 (Tenn. 1983). “” Clearly it was contemplated that the title papers were to be “delivered against honor of the draft,” T.C.A. § 47-4-104(f), and the draft was a “documentary draft,” not a check or a simple sight draft which had to be proc *224 essed under T.”
— Tenn. Code Ann. § 47-4-104(l)(e) — 1 case
First Am. Nat'l Bank of Nashville v. Com. Union Bank of White Cnty., 692 S.W.2d 642 (Tenn. Ct. App. 1985). “Nevertheless, plaintiff insists that it is a “customer” of Commerce Union by virtue of T.C.A. § 47-4-104(l)(e) Customer means any person having an account with a bank or for whom a bank has agreed to collect items and includes a bank carrying an account with another bank.”
— Tenn. Code Ann. § 47-4-104(l)(h) — 1 case
Smallman v. Home Fed. Sav. Bank of Tennessee, 786 S.W.2d 954 (Tenn. Ct. App. 1989). “" T.C.A. 47-4-104(1)(h). August 30, when the copy of the check was returned a second time, was a Friday, and due to the Labor Day Holiday on September 2, the midnight deadline was Tuesday, September 3.”
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