(Code 1981, §11-3-115, enacted by Ga. L. 1996, p. 1306, § 3.)
Law reviews.- 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 1933, § 14-214 and former Code Section 11-3-115 are included in the annotations for this section.
Enforceability when complete.
- A note delivered and signed but incomplete is enforceable when complete. Harbage v. Dollar Farm Prods. Co., 166 Ga. App. 561, 305 S.E.2d 25 (1983) (decided under former Code Section11-3-115).
Relevance of parties' confidential relationship.
- Under theory that contract's completion was unauthorized and fraudulent, warranting cancellation, parties' confidential relationship is irrelevant. First Am. Bank v. Bishop, 244 Ga. 317, 260 S.E.2d 49 (1979) (decided under former Code Section11-3-115).
Naming payee with reasonable certainty.
- Where instrument or note is not payable to bearer but is payable to order, there being no blank left for name of payee, payee must be named or indicated therein with reasonable certainty. Peretzman v. Borochoff, 58 Ga. App. 838, 200 S.E. 331 (1938)(decided under former Code 1933, § 14-214).
Where blank is left in bill or note for name of payee, there is an implied authority to holder to fill up instrument and make it in fact what it was designed to be. If made payable in blank, person to whom it is negotiated by maker may fill it up by inserting that person's own name; if made payable to order of person who shall thereafter endorse it, it is negotiable without any alteration, and may be transferred by endorsement. Peretzman v. Borochoff, 58 Ga. App. 838, 200 S.E. 331 (1938)(decided under former Code 1933, § 14-214).
Where promissory note not payable to bearer does not contain name of payee, but has a blank left therefor, if suit be brought on it by person who alleges and proves that it was delivered to bearer by principal maker, and that bearer then was and still is legal owner and bona fide holder thereof, bearer may recover in such suit without filling in blank. Peretzman v. Borochoff, 58 Ga. App. 838, 200 S.E. 331 (1938)(decided under former Code 1933, § 14-214).
Authority regarding blanks.
- Purchaser of blank paper is on inquiry as to authority given regarding blanks. A.J. Cannon & Co. v. Collier, 91 Ga. App. 40, 84 S.E.2d 482 (1954)(decided under former Code 1933, § 14-214).
Where payee took check to plaintiff's place of business with amount in blank and filled in blank with plaintiff's knowledge, plaintiff was put in same position plaintiff would have been in had payee transferred the check in blank; in either event, plaintiff would be put on inquiry as to payee's authority relative to amount of the check, and when plaintiff took the check, plaintiff did so at peril. A.J. Cannon & Co. v. Collier, 91 Ga. App. 40, 84 S.E.2d 482 (1954)(decided under former Code 1933, § 14-214).
Insurance company agent accepting note, agreeing to fill in blanks.
- Where it is alleged that incomplete note was delivered and accepted by agent of insurance company who agreed to fill in blanks for next year's premium and otherwise complete the instrument, the note must be treated as though it were so completed, any delay in completing same being chargeable solely to company agent and not to insured. Reeves v. Progressive Life Ins. Co., 85 Ga. App. 576, 69 S.E.2d 882 (1952)(decided under former Code 1933, § 14-214).
RESEARCH REFERENCES
Am. Jur. 2d.
- 11 Am. Jur. 2d, Bills and Notes, §§ 57, 58, 99, 112 et seq.. 12 Am. Jur. 2d, Bills and Notes, §§ 563, 664, 676, 677.
C.J.S.- 10 C.J.S., Bills and Notes, §§ 32, 127.
U.L.A.- Uniform Commercial Code (U.L.A.) § 3-115.
ALR.
- Effect of Negotiable Instruments Act on statute invalidating instrument given for gambling consideration, 8 A.L.R. 314; 11 A.L.R. 211; 37 A.L.R. 698; 46 A.L.R. 959.
Reference to extrinsic agreements as affecting negotiability of bill or note, 14 A.L.R. 1126; 33 A.L.R. 1173; 37 A.L.R. 655; 61 A.L.R. 815; 104 A.L.R. 1378.
Negotiability of instrument as affected by incompleteness of the attempt to fix due date, 19 A.L.R. 508.
Acceleration provision as affecting negotiability, 34 A.L.R. 872; 72 A.L.R. 268.
Validity and effect of note payable to maker without words of negotiability, 42 A.L.R. 1067; 50 A.L.R. 426.
Negotiability of note as affected by provision therein, or in mortgage securing the same for payment of taxes, assessments, or insurance, 45 A.L.R. 1074.
Bills and notes: negotiability as affected by provision in relation to interest or discount, 58 A.L.R. 1281.
Reference to extrinsic agreement as affecting negotiability of bill or note, 61 A.L.R. 815; 104 A.L.R. 1378.
Effect of payee of bill or note, executed in blank as to amount, filling it in for an amount in excess of that authorized, 75 A.L.R. 1389.
Negotiability under Uniform Negotiable Instruments Act as affected by provision for attorney's fee, 91 A.L.R. 693.
Negotiability as affected by provisions of instrument in relation to collateral other than mortgage, 102 A.L.R. 1095.
Reference to extrinsic agreement as affecting negotiability of bill, note, or trade acceptance, 104 A.L.R. 1378.
Negotiability of bill or note as affected by provision authorizing confession of judgment, 117 A.L.R. 673.
Validity and effect of note payable by its terms to maker or order and not endorsed by maker, 126 A.L.R. 1309.
Negotiability of paper as affected by provisions therein relating to future contingent fund or security for its payment, 134 A.L.R. 946.
Rights of one who acquires lost or stolen traveler's checks, 42 A.L.R.3d 846.