RE: A Friday afternoon question on a Thursday

From: Laura Orr (Laura_Orr@co.washington.or.us)
Date: Thu Apr 15 2004 - 14:26:29 PDT


Could this be what you need?
 
UCC Negotiable Instruments: 3-114: "If an instrument contains contradictory
terms, typewritten terms prevail over printed terms, handwritten terms
prevail over both, and words prevail over numbers."
 
Laura
 
Laura Orr
Law Librarian
Washington County Law Library
111 NE Lincoln Street
Hillsboro, OR 97124

Phone: 503-846-8870
Fax: 503-846-3515
Email: laura_orr@co.washington.or.us

-----Original Message-----
From: Kathie Sullivan [mailto:KSullivan@drm.com]
Sent: Thursday, April 15, 2004 1:56 PM
To: law-lib@ucdavis.edu
Subject: A Friday afternoon question on a Thursday

We know the answer to this question but we can't find an authority for it.
We've check AmJur, Restatements, ALR, banking materials, will materials, and
everything in between.

When you have both the written number and the numerical version, and the
amounts are different, which one is the "correct" one?

This question will take you back to when you learned how to write a check.
If the number is different from what you wrote out in words, the bank takes
the WORDS as the correct amount.

Is this common knowledge? Or is it documented somewhere? I'd like to think
it's in some statutory construction volume somewhere.

Thanks for any direction,

Kathie

Kathie J. Sullivan
Librarian
Downs Rachlin Martin PLLC
Courthouse Plaza
199 Main Street
P.O. Box 190
Burlington, Vermont 05402-0190
Direct Dial: 802-846-8363
Fax: 802-864-4906
email: ksullivan@drm.com
 <http://www.drm.com> http://www.drm.com



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