A negotiable promissory note within the meaning of this Act is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand or at a fixed or determinable future time, a sum certain in money to order or to bearer. Where a note is drawn to the maker's own order, it is not complete until indorsed by him.
A check is a bill of exchange drawn on a bank payable on demand. Except as herein otherwise provided, the provisions of this Act are applicable to a bill of exchange payable on demand apply to a check.
A check must be presented for payment within a reasonable time after its issue, and notice of dishonor given to the drawer as provided for in the case of bills of exchange, or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay.
Sec 187. Where a check is certified by the bank on which it is drawn, the certification is equivalent to an acceptance.
Where the holder of a check procures it to be accepted or certified, the drawer and all indorsers are discharged from liability thereon.
A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
This Act shall be known as the Negotiable Instrument Law.
In this Act, unless the context otherwise requires:
"Acceptance" means an acceptance completed by delivery or notification.
"Action" includes counter-claim and set-off.
"Bank" includes any person or association of persons carrying on the business of banking, whether incorporated or not.
"Bearer" means the person in possession of a bill or note which is payable to bearer.
"Bill" means bill of exchange, and "note" means negotiable promissory note.
"Delivery" means transfer of possession, actual or constructive, from one person to another.
"Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof.
"Indorsement" means an indorsement completed by de-livery.
"Instrument" means negotiable instrument.
"Issue" means the first delivery of the instrument, complete in form, to a person who takes it as holder.
"Person" includes a body of persons, whether incorporated or not.
"Value" means valuable consideration.
"Written" includes print, and "writing" includes print.
The person "primarily" liable on an instrument is the person who, by the terms of the instrument, is absolutely required to pay the same. All other parties are "secondarily" liable.
In determining what is a "reasonable time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.
Where the day, or the last day, for doing an act herein required or permitted to be done falls on Sunday or on a holiday, the act may be done on the next succeeding secular or business day.
The provisions of this Act do not apply to negotiable instruments made and delivered prior to the passage hereof.
In any case not provided for in this act the rules of the law merchant shall govern.