twostrokenut
Well-Known Member
The remedy in the act you're talking about is about ships, not about money.
LOL
As for the second paragraph, that's absolutely true. The UCC definition of "instrument" is applied all the time. Alas, Article 3 says that "money" is not a "negotiable instrument." Article 3 also says that a "negotiable instrument" is the same as an "instrument." Thus money is not a negotiable instrument or an instrument, because the article says that it isn't applicable to money. That's what makes the definitions irrelevant to Federal Reserve Notes.
Now, for anything else that is not "money," the definition of instrument is relevant and applicable.
The stuff about each state's rendition--I take it you mean Utah? Gold and silver, if authorized as a medium of exchange under state law, would presumably be "money" under the same definition as "Federal Reserve Notes." Thus they cannot be negotiable instruments. It has nothing to do with being gold and silver and everything to do with being "money" under the definition of the word in the UCC, which is totally independent and apart from the definition in federal law.
In the definition of "instrument" from UCC with a LINKhttp://www.law.cornell.edu/ucc/search/display.html?terms=instrument&url=/ucc/3/article3.htm#s3-104
(a) Except as provided in subsections
(c) and (d), "negotiable instrument" means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:
(c) An order that meets all of the requirements of subsection (a), except paragraph (1), and otherwise falls within the definition of "check" in subsection (f) is a negotiable instrument and a check.
(1) is payable to bearer or to order at the time it is issued or first comes into possession of a holder;
(d) A promise or order other than a check is not an instrument if, at the time it isissued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article.
Now go find me a conspicuous statement that makes Fed notes non-negotiable while I sit here on a copy of 37th congress making US notes non-negotiable in their issuance. Check your move.
So the question becomes what is this conspicuous statement, however expressed? Where do you think that is in US Law? Given the UCC really isn't that old only been around since 1952??
Remember the Fed is a check clearinghouse and can fractionally lend meaning "elastic" or negotiable........
You know "restrictive endorsement" is in this section of UCC as well????
Check. Your move.