Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 3-118
Ambiguous Terms and Rules of Construction
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 3, PART 1
Section 3--118. Ambiguous Terms and Rules of Construction.

The following rules apply to every instrument:

(a) Where there is doubt whether the instrument is a draft or a note
the holder may treat it as either. A draft drawn on the drawer is
effective as a note.

(b) Handwritten terms control typewritten and printed terms, and
typewritten control printed.

(c) Words control figures except that if the words are ambiguous
figures control.

(d) Unless otherwise specified a provision for interest means interest
at the judgment rate at the place of payment from the date of the
instrument, or if it is undated from the date of issue.

(e) Unless the instrument otherwise specifies two or more persons who
sign as maker, acceptor or drawer or indorser and as a part of the same
transaction are jointly and severally liable even though the instrument
contains such words as "I promise to pay."

(f) Unless otherwise specified consent to extension authorizes a
single extension for not longer than the original period. A consent to
extension, expressed in the instrument, is binding on secondary parties
and accommodation makers. A holder may not exercise his option to extend
an instrument over the objection of a maker or acceptor or other party
who in accordance with Section 3--604 tenders full payment when the
instrument is due.