Sec. 42a-3-301. Person entitled to enforce instrument. - Connecticut Statutes

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Statutes > Connecticut > Title42a > Art003 > Sec42a-3-301

      Sec. 42a-3-301. Person entitled to enforce instrument. "Person entitled to enforce" an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to section 42a-3-309 or 42a-3-418(d). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.

      (1959, P.A. 133, S. 3-301; P.A. 91-304, S. 27.)

      History: P.A. 91-304 entirely replaced former provisions re rights of a holder to transfer, negotiate, enforce or discharge an instrument with provisions defining a person entitled to enforce an instrument.

      Annotations to former statute (1958 Rev., S. 39-52):

      Possession of note sufficient to give prima facie right to sue thereon. 76 C. 132. Note given with conditional bill of sale may be sued on and right to retake property disregarded. 98 C. 737. Allegation that plaintiff was "holder" sufficient to establish prima facie right to sue. 111 C. 630.

      Annotations to present section:

      Cited. 238 C. 745.

      Cited. 4 CA 376. Cited. 35 CA 326.

      Under former negotiable instruments act, section 39-52, where a note sued on is in the possession of the plaintiff, he must produce it, as it is the best evidence. 23 CS 346.

State Codes and Statutes

Statutes > Connecticut > Title42a > Art003 > Sec42a-3-301

      Sec. 42a-3-301. Person entitled to enforce instrument. "Person entitled to enforce" an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to section 42a-3-309 or 42a-3-418(d). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.

      (1959, P.A. 133, S. 3-301; P.A. 91-304, S. 27.)

      History: P.A. 91-304 entirely replaced former provisions re rights of a holder to transfer, negotiate, enforce or discharge an instrument with provisions defining a person entitled to enforce an instrument.

      Annotations to former statute (1958 Rev., S. 39-52):

      Possession of note sufficient to give prima facie right to sue thereon. 76 C. 132. Note given with conditional bill of sale may be sued on and right to retake property disregarded. 98 C. 737. Allegation that plaintiff was "holder" sufficient to establish prima facie right to sue. 111 C. 630.

      Annotations to present section:

      Cited. 238 C. 745.

      Cited. 4 CA 376. Cited. 35 CA 326.

      Under former negotiable instruments act, section 39-52, where a note sued on is in the possession of the plaintiff, he must produce it, as it is the best evidence. 23 CS 346.

State Codes and Statutes

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State Codes and Statutes

Statutes > Connecticut > Title42a > Art003 > Sec42a-3-301

      Sec. 42a-3-301. Person entitled to enforce instrument. "Person entitled to enforce" an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to section 42a-3-309 or 42a-3-418(d). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.

      (1959, P.A. 133, S. 3-301; P.A. 91-304, S. 27.)

      History: P.A. 91-304 entirely replaced former provisions re rights of a holder to transfer, negotiate, enforce or discharge an instrument with provisions defining a person entitled to enforce an instrument.

      Annotations to former statute (1958 Rev., S. 39-52):

      Possession of note sufficient to give prima facie right to sue thereon. 76 C. 132. Note given with conditional bill of sale may be sued on and right to retake property disregarded. 98 C. 737. Allegation that plaintiff was "holder" sufficient to establish prima facie right to sue. 111 C. 630.

      Annotations to present section:

      Cited. 238 C. 745.

      Cited. 4 CA 376. Cited. 35 CA 326.

      Under former negotiable instruments act, section 39-52, where a note sued on is in the possession of the plaintiff, he must produce it, as it is the best evidence. 23 CS 346.