Books and Journals Section 5 Instruments

Section 5 Instruments

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An instrument is defined as a “negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment.” Section 400.9-102(a)(47), RSMo Supp. 2004. The definition expressly excludes investment property, letters of credit, and credit card receipts. The facts and circumstances that create a negotiable instrument are detailed in Article 3, Uniform Commercial Code—Negotiable Instruments, §§ 3-101 et seq. (2001), where the term is defined in part as:

[A]n unconditional promise . . . to pay a fixed amount of money, with or without interest or other charges described in the...

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