28-3-105. ISSUE OF INSTRUMENT. (1) "Issue" means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person.
(2) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.
(3) "Issuer" applies to issued and unissued instruments and means a maker or drawer of an instrument.
History:
[28-3-105, added 1993, ch. 288, sec. 2, p. 1024.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 3 - UNIFORM COMMERCIAL CODE — NEGOTIABLE INSTRUMENTS
Part 1 - GENERAL PROVISIONS AND DEFINITIONS
Section 28-3-101 - SHORT TITLE.
Section 28-3-102 - SUBJECT MATTER.
Section 28-3-103 - DEFINITIONS.
Section 28-3-104 - NEGOTIABLE INSTRUMENT.
Section 28-3-105 - ISSUE OF INSTRUMENT.
Section 28-3-106 - UNCONDITIONAL PROMISE OR ORDER.
Section 28-3-107 - INSTRUMENT PAYABLE IN FOREIGN MONEY.
Section 28-3-108 - PAYABLE ON DEMAND OR AT DEFINITE TIME.
Section 28-3-109 - PAYABLE TO BEARER OR TO ORDER.
Section 28-3-110 - IDENTIFICATION OF PERSON TO WHOM INSTRUMENT IS PAYABLE.
Section 28-3-111 - PLACE OF PAYMENT.
Section 28-3-113 - DATE OF INSTRUMENT.
Section 28-3-114 - CONTRADICTORY TERMS OF INSTRUMENT.
Section 28-3-115 - INCOMPLETE INSTRUMENT.
Section 28-3-116 - JOINT AND SEVERAL LIABILITY — CONTRIBUTION.
Section 28-3-117 - OTHER AGREEMENTS AFFECTING INSTRUMENT.