Professional Documents
Culture Documents
Mastering
Negotiable Instruments
(UCC Articles 3 and 4) and
Other Payment Systems
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Mastering Bankruptcy
George W. Kuney
Mastering Evidence
Ronald W. Eades
Mastering
Negotiable Instruments
(UCC Articles 3 and 4) and
Other Payment Systems
Michael D. Floyd
Samford University, Cumberland School of Law
Copyright © 2008
Michael D. Floyd
All Rights Reserved.
Floyd, Michael D.
Mastering negotiable instruments (UCC Articles 3 and 4) and other pay-
ment systems / by Michael D. Floyd.
p. cm. -- (Carolina Academic Press mastering series)
Includes bibliographical references and index.
ISBN 978-1-59460-366-2 (alk. paper)
1. Negotiable instruments--United States. 2. Payment--United States. I.
Title. II. Series.
KF957.F56 2008
346.73'096--dc22
2008025889
Contents
Part One
Negotiable Instruments
(UCC Article 3)
Chapter 3 · Drafts and Notes 17
Roadmap 17
A. Drafts and Notes as Types of Payment Systems 17
B. Note Terminology and Functions 19
C. Draft Terminology and Functions 20
Checkpoints 22
vii
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viii CONTENTS
CONTENTS ix
x CONTENTS
CONTENTS xi
b. “Other” Modifications 91
c. Extension of Time 92
d. Release 93
e. Other Limits on Release, Modification, etc. 93
D. Secondary Obligations in a Separate Guaranty Agreement 94
1. The Nature of the Transaction 94
2. Waivers 94
3. Governing Law 95
E. Letters of Credit 95
1. Governing Law 96
2. Basic Terminology and Mechanics 96
3. Documentary Letters of Credit 97
4. Standby Letters of Credit 98
Checkpoints 99
Appendix: Section 3-605 Subsection Comparison 100
Chapter 11 · Underlying Obligations: Suspension and Discharge 103
Roadmap 103
A. The Simple Case with Specialized Instruments: Certified Checks,
Cashier’s Checks, and Teller’s Checks 104
B. The Usual Case: Notes and Non-Specialized Checks 105
C. Payment 106
D. Presentment, Dishonor, Notice of Dishonor 106
1. Presentment 107
2. Dishonor 107
3. Notice of Dishonor 107
Checkpoints 108
Part Two
Check Collection (UCC Article 4 and Related Federal Law)
Chapter 12 · Forward Collection, Presentment, and Final Payment 111
Roadmap 111
A. Parties and Terminology 112
B. Applicable Law: The Complex Intersection of State
and Federal Rules 112
C. The Normal Path of a Check 113
D. Presentment 114
E. Settlement and Payment 114
1. Provisional Settlement 115
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xii CONTENTS
CONTENTS xiii
xiv CONTENTS
CONTENTS xv
Russell L. Weaver
Professor of Law & Distinguished University Scholar
University of Louisville, Louis D. Brandeis School of Law
xvii
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Acknowledgments
I am grateful to the Cumberland School of Law and Samford University for
enabling me to teach and explore the topic of this book and other subjects that
interest me. I particularly appreciate Dean John Carroll, Associate Dean Corky
Strickland, Vice Dean Jim Lewis, and Director of Faculty Development Bran-
non Denning for the many ways that they support my efforts. My years toil-
ing in the commercial law vineyard have been educational and enjoyable
thanks in large part to Samford colleagues Howard Walthall and Paul Kuruk,
former Samford colleagues Larry Ahern, Steve Ware, and Tim Zinnecker, Uni-
versity of Alabama colleagues Bill Henning and Gene Marsh, University of
Tennessee colleagues George Kuney, Bob Lloyd, and Tom Plank, and many
others. I have gained much knowledge and many good friends from partici-
pating in the Alabama Law Institute’s law reform efforts; in that work I learned
much that is relevant to this book from Douglas Arendall, Hamp Boles,
Richard Carmody, David Carroll, Rob Couch, Penny Davis, Ed Dean, Bill
Hairston, III, Palmer Hamilton, Wallace Malone III, Bob McCurley, Ron
Sims, Hon. James Sledge, Joe Stewart, Stephen Trimmier, Sam Upchurch, and
Larry Vinson. I am fortunate to have had outstanding student research assis-
tants: most recently Anna Smith, Carolyn Lam, and Heather Sharp. Special
thanks are due to Janice Brantley, my Assistant who handles innumerable de-
tails, arrangements, and problems with consistent skill, dedication, grace, and
good humor. Thanks also to Russ Weaver and the editors at Carolina Acade-
mic Press, who have been exceptionally accommodating in this project.
I acknowledge my indebtedness to authors whose books I regularly turn to
for insight and guidance: James J. White & Robert S. Summers, Uniform
Commercial Code (5th ed. 2000); Fred H. Miller & Alvin C. Harrell, The Law
of Modern Payment Systems (2003 & Supp. 2006); Frederick M. Hart and
William F. Willier, Negotiable Instruments Under the Uniform Commercial
Code (2007). Similarly, I have great admiration and appreciation for the au-
thors of books I have used to teach this material: Ronald J. Mann, Payment
Systems and Other Financial Transactions: Cases, Materials, and Problems
(3rd ed 2006) (and previous editions); Robert L. Jordan, & William D. War-
ren, Commercial Law (3rd ed. 1992); and David C. Epstein, James A. Mar-
xix
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xx ACKNOWLEDGMENTS
Michael D. Floyd
Samford University,
Cumberland School of Law
Birmingham, Alabama
June 2008