"Person entitled to enforce" an instrument means the holder of the instrument, a nonholder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section
70A-3-309
or Subsection
70A-3-418(4)
. A person may be a person entitled to enforce the instrument even though he is not the owner of the instrument or is in wrongful possession of the instrument.
Repealed and Re-enacted by Chapter 237, 1993 General Session
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 1989–2026 · leading case:
Glew v. Ohio Sav. Bank, 2007 UT 56, 181 P.3d 791.
Glew v. Ohio Sav. Bank, 2007 UT 56, 181 P.3d 791.
· cites it 2× “Utah Code section 70A-3-301 (1998) provides: "Person entitled to enforce" an instrument means the holder of the instrument, a nonholder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce the…”
Seftel v. Capital City Bank, 767 P.2d 941 (Utah Ct. App. 1989).
· cites it 2× “Capital argued the guaranties were enforceable, thus, they were entitled to judgment as a matter of law because, (1) pursuant to Utah Code Ann. § 70A-3-301 (1978), as holder of the guaranties, Capital was entitled to enforce them, (2) guarantors by prior judicial admissions were…”
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