...the defendant's contention, the plaintiff was entitled to bring the motion without a prior demand as the note did not contain any time for payment ( see UCC 3-108; First...note that he signed as "Steven Imburgio, [doing business as] Wheel Concept 3" was unsupported by any evidence that Wheel Concept 3 is organized as a limited liability corporation or that the defendant...

...summary judgment as to the $10,150 debt reflected on the 1975 tax return on the ground that recovery on the checks issued before June 24, 1976 was barred by the Statute of Limitations (see, UCC 3-108, 3...

...time of repayment, they were payable on demand ( see UCC 3-108; Lynford v Williams, 34 AD3d 761, 762...December 22, 2006, as denied their motion, denominated as one for leave to renew and reargue, but which was, in actuality, one for leave to reargue, and (3) from an order of the same court dated June 8...

..."payable at sight or on presentation and * * * in which no time for payment is stated" (UCC 3-108). Notes payable where the due date of the note "can be determined from the face of the instrument" (UCC 3-109...] control printed" (UCC 3-118 [b]; see, 80 N.Y. Jur 2d, Negotiable Instruments and Other Commercial Paper, § 157). In any event, even were this a demand note, the Statute of Limitations was renewed...time with or without reason" (UCC 1-208, Comment). Because the acceleration clause is not callable at the holder's "pleasure" before December 1, 1991, it limits the right of the holder to call the Note...

..." (UCC 3-108; see Shah v Exxis, Inc., 138 AD3d 970, 972). We further conclude that the court properly denied the...

...the notes were not due at a definite time and were not demand notes within the meaning of UCC §§ 3-104(1), 3-108, 3-109. In December 1987, the district court certified the negotiability question for...definite time, UCC § 3-109, or demand notes, UCC § 3-108. Although each note apparently contains a stated handwritten date on which installment payments are to commence, the notes also indicate that...narrow challenge to the notes' claimed negotiability, alleging that in contravention of [UCC] Section 3-104(1)(c) they are neither payable on...

...payable to order or to bearer" (UCC 3-104). Instruments payable on demand include those payable at sight or on presentation and those in which no time for payment is stated (UCC 3-108). Thus, an...section 3-104 of the Uniform Commercial Code, "any writing to be a negotiable instrument . . . must (a) be signed by the maker or drawer; and (b) contain an unconditional promise or order to pay a...which complies with the requirements of [section 3-104] is . . . a "note" if it is a promise other than a certificate of deposit" (NYUCC 3-104 [d]). "A "promise" is an undertaking to pay and must be...

...installment accrued on January 20, 2006, the date those funds were advanced ( see UCC 3–108 ; Vitale v. Giaimo, 103 A.D.3d 835, 838...

...installment accrued on January 20, 2006, the date those funds were advanced (see UCC 3-108; Vitale v Giaimo, 103 AD3d 835, 838...

...blank is left for that time to be filled in; but where it is clear that no time is intended to be stated the instrument is complete, and is payable on demand under R.C. § 1303.07 [UCC 3-108]." The.... 44914 Court of Appeals of Ohio. Decided February 3, 1983. APPEAL: Court of Appeals for Cuyahoga County.... 2. A written condition that a note is payable "if and when able to pay" creates an obligation to pay it within a reasonable time. 3. A promissory note executed...

...Acquisition Corp. v Campcore, Inc., 81 NY2d 138). Each note herein provided for repayment in monthly installments, without interest, and thus were not payable on demand ( cf. UCC 3-108; Cognetta..., Judge. Upon the following papers numbered 1 to 5 read on this motion TODISMISS Notice of Motion and supporting papers 1-3; Affirmation in Opposition and...

...defenses. The elements for recovery on a promissory note require the plaintiff to establish that: (1)The defendant signed the note, UCC § 3–401; (2)The note contains an unconditional promise to pay, UCC § 3–106; (3)The promise is to pay a sum certain or fixed amount of money, UCC § 3–104(a); (4) The note is payable on demand or at a definite time, UCC § 108; (5...entitled to enforce the note, UCC § 3–301; (6) A default has occurred-that is, if the note is demand paper, that due demand has been made, UCC §§ 3–104, 3–108; and... (7) If the note is due at a definite time, that time has past without payment, UCC § 3–108(b). Note, Cause of Action to...

...'". B. Clark, The Law of Bank Deposits, Collections and Credit Cards ¶ 7.1[1] at 7-2 (1981) (emphasis supplied). Accord, UCC § 3-108; Colo.Rev.Stat. § 4-3-108 (1973) (sight drafts are...(UCC), enacted in Colorado as Colo.Rev.Stat. §§ 4-3-101 through 4-4-504 (1973), supply the applicable principles of law. Resolution of the motions therefore requires me, first, to discuss the commercial...each draft. To understand how the drafts were used, this provision must be explained. Ford employed The First National Bank of Colorado Springs as its "collecting bank." See UCC § 3-120...

...§ 3-108, and Mr. Slutzkin's oral and written statements at the disciplinary hearing. Response [10] at 20. Officer Bittenbender sanctioned him with the disallowance of 27 days of earned good conduct time...(last visited February 3, 2022). A habeas petition is properly filed in the district where the inmate is located at the time of...written statement by Mr. Slutzkin from the date of the incident in which he stated, “I accept everything for value paid to the order of Brian Slutzkin in the amount of $1, 000, 000.00 USD” citing UCC...

...the defendant to pay a sum certain on demand. See UCC §§ 3-105, 3-106, 3-108; Code Ann. §§ 109A-3-105, 109A-3-106, 109A-3 — 108. Each payee qualifies as a holder in good faith for value in due course. See UCC §§ 3.... See UCC § 3-303 (c); Code Ann. § 109A-3-303. In general, a defense of want or failure of consideration is available only against a person who does not have the rights of a holder in due...course. See UCC §§ 3-305, 3-306(c); Code Ann. §§ 109A-3-305 109A-3-306. It being undisputed that the defendant...

.... Where Notes do not specify a payment date, they are payable upon demand. See NY UCC § 3-108 (providing that [i]nstruments...the figures are unambiguous and are controlling. See NY UCC §3-118. Abrahami also argues that based on the doctrine of promissory estoppel, Stephens...agreement that the interest rate could "float" to make sure that it would always be at least 3% above whatever rate Stephens was paying on money she had borrowed. With the...

...definite time." Va. Code Ann. § 8.3-104(1)(c) (emphasis added); Hawkland Lawrence, UCC Series, §§ 3-104:12, 3-108:01 (Art. 3). "A negotiable...Commercial Code, § 3-108:4 (3d ed. 1984); Va. Code Ann. § 8.3-108. Under the UCC, "[t]he distinguishing characteristic of an instrument payable on demand is that the time payment is due at the sole...discretion of the holder." Hawkland Lawrence, UCC Series, § 3-108:01 (Art. 3). The UCC does not limit negotiable instruments to...

...give notice to the presenter of discrepancies in the presentation." UCC § 5-108(b)(3) (emphasis added). Subsection (b) describes the three courses of action an issuer must take within seven days...credit. The Official Comments of UCC § 5-108 support this distinction. Official Comment 3 classifies expiration as a "discrepancy of tardy presentation." UCC § 5-108, Official Comment 3. Therefore, the...SunTrust's waiver argument, and (3) by concluding that Golden West's specific performance and breach of contract claims Were not precluded by the exclusive remedies available under Article 5 of the UCC...

...only name the type of collateral. See UCC § 9-108(b)(3); Reiley, supra, §§ 10:14, 10:18, pp. 10-17, 10-20 to 10-21, such as accounts, equipment, and negotiable instruments, UCC §§ 9-102(a)(2...blank, and concluded — and would have been reasonable in concluding — that LaSalle had no security interest in Certified's tort claims. Furthermore, section 203(b)(3)(A) of the UCC...); In re Macronet Group, Ltd., 2004 WL 2958447, at *3-4 (Bkrtcy. N.D.Ill. 2004). Hence less detail is required in the financing statement. UCC § 9-504; Richard F. Duncan et al...

...instrument, however, we should note that even an ordinary check is a "demand instrument" which is payable "at sight, or on presentation." See UCC sec. 3-108. The UCC provides that a check is a draft...drawn on a bank and payable on demand. UCC sec. 3-104(2)(b). Cashier's checks and certified checks are both checks; and money orders are check equivalents. Chicago Cicero Currency Exchange v..., 60 (Ill.App.Ct. 1991) (citing Illinois Uniform Commercial Code, Ill. Rev. Stat. ch. 26, par. 3-411 (1987), revised effective January 1, 1992 to now state, similarly, "`certified check' means a...