"Person entitled to enforce" an instrument means (i) the holder of the instrument; (ii) a nonholder in possession of the instrument who has the rights of a holder; or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Code Section 11-3-309 or subsection (d) of Code Section 11-3-418. A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.
(Code 1981, §11-3-301, enacted by Ga. L. 1996, p. 1306, § 3.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 4 Am. Jur. 2d, Alteration of Instruments, § 26. 11 Am. Jur. 2d, Bills and Notes, §§ 203 et seq., 238 et seq., 251, 264, 277 et seq., 290, 300 et seq. 12 Am. Jur. 2d, Bills and Notes, §§ 542, 641. 15A Am. Jur. 2d, Commercial Code, § 98.
C.J.S.- 10 C.J.S., Bills and Notes, §§ 172 et seq., 231 et seq.
U.L.A.- Uniform Commercial Code (U.L.A.) § 3-301.
ALR.
- Right of purchaser of stolen bonds, 1 A.L.R. 717; 85 A.L.R. 357; 102 A.L.R. 28.
Bona fides of purchaser of note on an executory consideration, performance of which is a condition precedent, 3 A.L.R. 987; 100 A.L.R. 1357.
Fact that note is made payable to maker as affecting bona fides of purchaser, 6 A.L.R. 458.
Effect on bona fides of purchase of promissory note of fact that there is interest due and unpaid upon it, 11 A.L.R. 1277; 40 A.L.R. 832.
Estoppel of maker of nonnegotiable paper to set up against transferee defense good against payee, 17 A.L.R. 862.
Estoppel by delay, after knowledge, in disclosing forgery of commercial paper, 25 A.L.R. 177; 50 A.L.R. 1374.
Rights as between one who buys bill or note after maturity and third person legally or equitably entitled thereto, 33 A.L.R. 699.
Effect of fraud in the inception of a bill or note to throw upon a subsequent holder the burden of proving that he is a holder in due course, 34 A.L.R. 300; 57 A.L.R. 1083.
Liability of party to commercial paper so drawn as to be easily alterable as to amount, 39 A.L.R. 1380.
Renewal of bill or note as precluding defenses available against the original, 41 A.L.R. 963.
Alteration of note before delivery to payee as affecting parties who do not personally consent, 44 A.L.R. 1244.
Genuine making of instrument for purpose of defrauding as constituting forgery, 46 A.L.R. 1529; 51 A.L.R. 568.
Acceleration clause as affecting reissuance of paper by one primarily liable thereon, 58 A.L.R. 180.
Rights as between one who deposits commercial paper for collection without any indication on the paper of that purpose, and one who takes it in good faith from the depository, 58 A.L.R. 259.
Right of purchaser of past-due paper to protection as against defenses or equities between parties to intermediate transfer, 68 A.L.R. 982.
Failure or delay by holder of note to enforce collateral security as releasing endorser, surety, or guarantor, 74 A.L.R. 129.
Necessity in order to negative notice of defenses to negotiable paper purchased by firm or corporation of calling as witnesses all members or officers, or of showing that those not called had no part in transaction, 79 A.L.R. 1139.
Memorandum on negotiable instrument as an alteration, 96 A.L.R. 1102.
Right of purchaser of negotiable paper to the benefit of the position of a former holder who was a holder in due course as affected by notice or purchase after maturity, 98 A.L.R. 296.
Law regarding notice as condition of holding indorser as applied to bill or note with acceleration clause, or payable in installments, 104 A.L.R. 1331.
Waiver of demand and notice as affecting indorsers other than the one above whose name it immediately appears, 110 A.L.R. 1228.
Deposit to individual account of checks or notes drawn or indorsed by agent or fiduciary as charging bank with notice of misappropriation, 115 A.L.R. 648.
Notice which has been forgotten as affecting status as holder in due course, 89 A.L.R.2d 1330.
What constitutes, under the Uniform Negotiable Instruments Law or Commercial Code, a reasonable time for taking a demand instrument, so as to support the taker's status as holder in due course, 10 A.L.R.3d 1199.
Right of pledgor of commercial paper to maintain action thereon in his own name, 43 A.L.R.3d 824.