Date of instrument.

Checkout our iOS App for a better way to browser and research.

(a) An instrument may be antedated or postdated. The date stated determines the time of payment if the instrument is payable at a fixed period after date. Except as provided in section 4-4-401 (c), an instrument payable on demand is not payable before the date of the instrument.

(b) If an instrument is undated, its date is the date of its issue or, in the case of an unissued instrument, the date it first comes into possession of a holder.

Source: L. 94: Entire article R&RE, p. 847, § 1, effective January 1, 1995.

Editor's note: This section is similar to former § 4-3-114 as it existed prior to 1994.

  1. Contradictory terms of instrument. If an instrument contains contradictory terms, type-written terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers.

Source: L. 94: Entire article R&RE, p. 847, § 1, effective January 1, 1995.

Editor's note: This section is similar to former § 4-3-118 as it existed prior to 1994.

  1. Incomplete instrument. (a) "Incomplete instrument" means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that it is incomplete but that the signer intended it to be completed by the addition of words or numbers.

  1. Subject to subsection (c) of this section, if an incomplete instrument is an instrumentunder section 4-3-104, it may be enforced according to its terms if it is not completed, or according to its terms as augmented by completion. If an incomplete instrument is not an instrument under section 4-3-104, but, after completion, the requirements of section 4-3-104 are met, the instrument may be enforced according to its terms as augmented by completion.

  2. If words or numbers are added to an incomplete instrument without authority of thesigner, there is an alteration of the incomplete instrument under section 4-3-407.

  3. The burden of establishing that words or numbers were added to an incomplete instrument without authority of the signer is on the person asserting the lack of authority.

Source: L. 94: Entire article R&RE, p. 847, § 1, effective January 1, 1995.

Editor's note: This section is similar to former § 4-3-115 as it existed prior to 1994.


Download our app to see the most-to-date content.