Professional Documents
Culture Documents
A negotiable promissory note within the meaning of this Act is an UNCONDITIONAL PROMISE in
WRITING made by one person to another, SIGNED by the maker, engaging to PAY on DEMAND, or
at a FIXED or DETERMINABLE FUTURE time, a SUM CERTAIN in money to ORDER or BEARER. Where
a note is drawn to the MAKER’s OWN ORDER, it is NOT COMPLETE until INDORSED by him.
NO DELIVERY: maker is NOT liable to ANY HOLDER where his indorsement is FORGED.
Same with BOE payable to DRAWER’s order: NO obligation arises and bill is INCOMPLETE until
drawer indorses and delivers it to another
Principle DOES NOT apply AFTER drawer ACCEPTS: acceptance makes bill complete
1. Certificate of Deposit
WRITTEN ACKNOWLEDGMENT by a BANK of the RECEIPT of money on deposit which the bank
PROMISES to REPAY to depositor, bearer, or some other person, to the order of the DEPOSITOR, or to
him or his order, at LATER DATE or ON DEMAND
NEGOTIABLE: only if drawn with all the ESSENTIAL ELEMENTS of a negotiable paper
Negotiability: allows it to be INDORSED or SOLD to pay debts or serve as security for a loan
2. Bond
ii. Interest coupons may be DETACHED and NEGOTIATED like PNs independent of the
main instrument
3. Bank Note
4. Due Bill
Shows on its face an ACKNOWLEDGMENT by a person of his INDEBTEDNESS to another. The word
“due” is usually used
5. Mortgage Note
6. Title-retaining Note
A CONDITIONAL SALES CONTRACT which ordinarily provides that the TITLE to the GOODS shall
REMAIN in the payee’s name UNTIL the note is PAID in FULL
7. Collateral Note
8. Judgment Note
Enables payee to take judgment against maker WITHOUT the formality of a TRIAL if note not
paid when due
9. Installment Note
A CHECK is a BOE drawn on a BANK payable on DEMAND. Except as herein otherwise provided, the
provisions of this Act applicable to a BOE payable on demand apply to a check.
Check defined
Requesting them to pay on PRESENTMENT to a person named therein or his order, or bearer
If with knowledge of bank, EFFECT OF DEATH OF DRAWER Does not revoke authority of
revokes authority of bank to drawee to pay
pay
Within reasonable time after its TIME OF PRESENTMENT Within reasonable time after its
issue last negotiation
In CASHIER’s and MANAGER’s check: bank can serve as both drawer and drawee
1. Memorandum check
Not upon condition to pay upon presentment at maturity and if due notice of the
presentment and non-payment should be given
2. Cashier’s check
Operates as an ASSIGNMENT of funds represented by the check to the credit of payee or holder
BANK DRAFT: check drawn by bank upon another bank
3. Manager’s check
4. Traveler’s check
Otherwise: INCOMPLETE
PURPOSE: provide traveler safe and convenient method by which to suppy himself with funds in
almost all parts of world without carrying money
Bank or company ISSUING instrument has RIGHT to REFUSE to PAY when it does NOT bear the
COUNTERSIGN agreed
OWNER of check has RIGHT to INSIST that it will not be paid when not countersigned
5. Certified check
Bears upon its face an AGREEMENT by DRAWEE BANK that the check will be paid on
PRESENTATION
6. Crossed-check
ii. Drawee bank must pay check ONLY upon PRESENTMENT by such bank or company
ii. Drawee bank must pay check through the INTERVENTION of some bank or banker
Actual practice: check crossed generally is deposited with a bank by the holder where he KEEPS
an ACCOUNT and the bank takes charge of the COLLECTION
If crossed specially, he deposits it with the bank indicated between parallel lines
A CROSSED CHECK can ONLY be DEPOSITED but may NOT be CONVERTED to CASH
PURPOSE: insure payment to the payee particularly when it is FORWARDED by MAIL or when it is
entrusted to an AGENT.
Stale check
One NOT presented for PAYMENT within a REASONABLE time AFTER its ISSUE
Banks will normally not pay without consulting the depositor (drawer)
Drawer is NOT DISCHARGED by the MERE DELAY in the PRESENTATION of check for payment if
he does not SUFFER from any LOSS of the DELAY
A check must be PRESENTED for payment within a REASONABLE TIME AFTER its ISSUE or the
DRAWER will be DISCHARGED from LIABILITY thereon to the EXTENT of the LOSS caused by the
DELAY.
3 requisites
(a) check NOT PRESENTED within a reasonable time after its issue
No notice of dishonor within prescribed time: drawer will be DISCHARGED from liability
Even if check was presented for payment within reasonable time
Cause of loss: INSOLVENCY of the bank SUBSEQUENT to delivery and PRIOR to presentment
of the check
Drawer DISCHARGED from LIABILITY only to EXTENT of the LOSS caused by DELAY in
PRESENTMENT
Where a check is CERTIFIED by the BANK on which it is drawn, the CERTIFICATION is EQUIVALENT to
an ACCEPTANCE.
Certification: AGREEMENT by the bank against whom check is drawn that the check will be PAID
when PRESENTED for PAYMENT
Stamping of “certified” on face of check with NAME of bank, DATE, and HANDWRITTEN
SIGNATURE or INITIALS of the officer making the certification
Effects:
EQUIVALENT to acceptance
If procured by holder
Enables person not well acquainted with each other to close promptly business transactions
since holder knows that he can compel drawee bank to cash it
Avoids DELAY and RISKS of receiving, counting, and passing from hand to hand LARGE sums of
money
When holder PROCURES a check to be CERTIFIED, the check operates as an ASSIGNMENT to him
of the amount certified
Sec 188. Effect where the holder of a check procures it to be accepted or certified.
Where the HOLDER of a check PROCURES it to be ACCEPTED or CERTIFIED, the DRAWER and ALL
INDORSERS are DISCHARGED from liability thereon.
Same effect as id the holder had drawn the money, REDEposited it and taken a CERTIFICATE of
DEPOSIT for it
Like when it is obtained by drawer even at the request of the payee or even though the
drawer is also the payee
its ISSUANCE and CIRCULATION have NO EFFECT on the funds of the drawer in the bank
Do NOT DISCHARGE the debt in payment for which check was issued
Certification: funds represented by the check are TRANSFERRED from the credit of the drawer to
that of the payee by holder
1. Bank is INSOLVENT
2. Drawer’s deposit is INSUFFICIENT or he has NO ACCOUNT with bank or said account CLOSED or
GARNISHED
Bank is bound to HONOR the check of its depositor for SUMS NOT IN EXCESS of the amount
of his deposit
Checks received by bank MERELY for COLLECTION and DEPOSIT: relationship is one of
AGENCY
COLLECTING BANK: Any bank EXCEPT the PAYOR bank that handles a check during
some phase of the COLLECTION process
INTERMEDIATE BANK: any bank EXCEPT the PAYOR bank, to which a check is
TRANSFERRED in the course of the collection process