Chapter 073

      73.0104

NOTES OF DECISIONS

      Guarantee is not negotiable instrument for purposes of Oregon’s codification of Uniform Commercial Code article on negotiable instruments. Business Development Dept. v. Huttenbauer, 301 Or App 332, 456 P3d 340 (2019)

      Negotiability shall be determined from four corners of purportedly negotiable instrument, as four-corners test best accords with intention behind Article 3 of Uniform Commercial Code. Business Development Dept. v. Huttenbauer, 301 Or App 332, 456 P3d 340 (2019)

      73.0110

NOTES OF DECISIONS

      Plaintiff payee may have recalcitrant joint payees joined as defendants under ORCP 29. Piatt v. Medford Highlands, LLC, 173 Or App 409, 22 P3d 767 (2001), Sup Ct review denied

      73.0203

NOTES OF DECISIONS

Under former similar statute (ORS 73.2010)

      When the maker has possession of the note, and the note is in evidence, a transferee of the note may maintain an action on it without possession of it. Scheid v. Shields, 269 Or 236, 524 P2d 1209 (1974)

      When maker had possession of the note, plaintiff could become a transferee without delivery of the note. Scheid v. Shields, 269 Or 236, 524 P2d 1209 (1974)

      A promissory note may be transferred by an assignment without the delivery of the note. Scheid v. Shields, 269 Or 236, 524 P2d 1209 (1974)

      73.0604

NOTES OF DECISIONS

      Renunciation of debt must be accomplished through affirmative act that objectively manifests donor’s intent. Bessett v. Huson, 179 Or App 69, 39 P3d 220 (2002)

      73.2010

See annotations under ORS 73.0203.