Section 10 Intent of Parties as to Negotiability

• Library: Commercial Law 2007

A writing that does not meet all of the requirements of § 400.3-104, RSMo Supp. 2006, cannot be made a negotiable instrument governed by the UCC by the conduct of the parties
or by their agreement. Mo. Ann. Stat. § 400.3-104 cmt. 2 (Westlaw through 2006 legislation); In re Holiday Interval, Inc., 94 B.R. 594 (Bankr. W.D. Mo. 1988). It is often said that the “law fixes the character and status of instruments regardless of form, intention or purpose to use.” Local Acceptance Co. v. Kinkade, 353 S.W.2d 123...