

Any Promissory Note: The Obscene Security: A Search for the Non-Commercial Investment, Rules under the Uniform Electronic Transactions Act for an electronic equivalent to a negotiable promissory note, Whitaker, R.Is the Promissory Note of Personality as Vulnerability to Depression in Default? Reply to Zuroff, Mongrain, and Santor (2004)., Coyne, J.


If the maker cannot write his name he may sign by thumb mark. It is at the same time, essential that the mind of the signer must accompany the signature.This signature can be made in any part of the document. Signature means the writing of a person's name in order to authenticate and give effect to the contract contained in the instrument. Even if it is written by the maker himself and his name appears in the body of the instrument, his signature must be there. The promissory note must be signed by the makers, it is incomplete without the signature of its makers. (4) It must be signed and delivered by the maker : If it is uncertain or unconditional, the instrument is invalid. The promise to pay must be certain/definite and unconditional. (3) The Promise must be definite (certain) and unconditional : 500 and to deliver to him my black horse on lst January next. 500 on D’s death, provided D leaves me enough to pay that sum. 500 first deducting there out any money which he may owe me.” 500 and all other sums which shall be due to him.” The instrument signed by A are not promissory notes : A mere acknowledgment of indebtedness or implied undertaking by the use of the word 'debt' or 'pronote' is not sufficient It must contain an express promise to pay. Writing may be on any material - paper, account book etc. The Term writing includes printing, typewriting, lithographing etc. The object of this requirement is to exclude oral engagements to pay from the purview of the Act, mere Verbal engagement to pay is not enough. (1) The promissory note must be in writing. The instruments respectively marked (c), (d), (e), (f), (g) and (h) are not promissory notes.Ģ) Essential elements of Promissory Note - Essentials of Valid Promissory NoteĪ promissory note to be valid and enforceable, the following essential elements are to be satisfied. The instruments respectively marked (a) and (b) are promissory notes. (b) “I acknowledge myself to be indebted to B in Rs.1,000, to be paid on demand, for value received.” (a) “I promise to Pay B or order Rs.500”. The person to whom the payment is to be made is called the payee.Ī signs instruments in the following terms: The person who makes the promissory note and promises to pay is called the maker. Negotiable Instrument Act defines promissory note, According to Section 4 of the Negotiable Instrument Act 1881 “ Promissory Note” is an instrument in writing (not being a bank-note or a currency-note) containing an unconditional undertaking signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument. 1) Introduction - Meaning and Definition of Promissory Note.
