Date of Instrument

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Negotiable Instruments
  5. General Provisions and Definitions
  6. Date of Instrument

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  1. 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 subsection (c) of Code Section 11-4-401, an instrument payable on demand is not payable before the date of the instrument.
  2. 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.

(Code 1981, §11-3-113, enacted by Ga. L. 1996, p. 1306, § 3.)

Law reviews.

- For note, "The Law of Evidence in the Uniform Commercial Code," see 1 Ga. L. Rev. 44 (1966). For article discussing parol evidence in the law of commercial paper, see 13 Ga. L. Rev. 53 (1978).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the provisions, decisions under former Code Section 11-3-114, are included in the annotations for this section.

Presumption that date on an instrument is correct is not conclusive, and may be overcome by parol evidence that it was in fact made on another date. Pazol v. Citizens Nat'l Bank, 110 Ga. App. 319, 138 S.E.2d 442 (1964) (decided under former Code Section11-3-114).

Check bearing date more than one year before transfer.

- Regarding requirement of former subsection (3) of this section, fact that copy of a check attached as exhibit to petition bears a date more than one year prior to time instrument was alleged to have been transferred to plaintiff bank does not subject petition to general demurrer (now motion to dismiss) on ground that petition shows bank had notice the check was overdue. Pazol v. Citizens Nat'l Bank, 110 Ga. App. 319, 138 S.E.2d 442 (1964) (decided under former Code Section11-3-114).

RESEARCH REFERENCES

Am. Jur. 2d.

- 11 Am. Jur. 2d, Banks and Financial Institutions, § 898. 11 Am. Jur. 2d, Bills and Notes, §§ 67, 124, 190 et seq.

C.J.S.

- 10 C.J.S., Bills and Notes, §§ 86 et seq., 127.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 3-113.

ALR.

- Right of transferee of postdated check, 21 A.L.R. 234.

Time as of which postdated check deemed payment or acknowledgment of original obligation for purposes of statute of limitations in action on original obligation, 150 A.L.R. 858.

Controlling date in case of check or note for purpose of unlawful preference provisions of bankruptcy or insolvency statute, 7 A.L.R.2d 1015.

Application of "bad check" statute with respect to postdated checks, 52 A.L.R.3d 464.

Extent of bank's liability for paying postdated check, 31 A.L.R.4th 329.


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