Turtle Mountain Law Library
Turtle Mountain Band of Chippewa Indians Tribal Code.

24.14.030 Definitions

(a) In this article:

(1) "ACCEPTOR" means a drawee who has accepted a draft.

(2) "DRAWEE" means a person ordered in a draft to make payment.

(3) "DRAWER" means a person who signs or is identified in a draft as a person ordering payment.

(4) "GOOD FAITH" means honesty in fact and the observance of reasonable commercial standards of fair dealing.

(5) "MAKER" means a person who signs or is identified in a note as a person undertaking to pay.

(6) "ORDER" means a written instruction to pay money signed by the person giving the instruction. The instruction may be addressed to any person, including the person giving the instruction, or to one or more persons jointly or in the alternative but not in succession. An authorization to pay is not an order unless the person authorized to pay is also instructed to pay.

(7) "ORDINARY CARE" in the case of a person engaged in business means observance of reasonable commercial standards, prevailing in the area in which the person is located, with respect to the business in which the person is engaged. In the case of a bank that takes an instrument for processing for "collection or payment by automated means, reasonable commercial standards do not require the bank to examine the instrument if the failure to examine does not violate the bank's prescribed procedures and the bank's procedures do not vary unreasonably from general banking usage not disapproved by this article or Article 4.

(8) "PARTY" means a party to an instrument.

(9) "PROMISE" means a written undertaking to pay money signed by the person undertaking to pay. An acknowledgment of an obligation by the obligor is not a promise unless the obligor also undertakes to pay the obligation.

(10) "PROVE" with respect to a fact means to meet the burden of establishing the fact (Section 24.01.100(h).

(11) "REMITTER" means a person who purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser.

(b) Other definitions applying to this article and the sections in which they appear are:

"ACCEPTANCE" Section 24.17.090(a)

"ACCOMMODATED PARTY" Section 24.17.190(a)

"ACCOMMODATION PARTY" Section 24.17.190(a)

"ALTERATION" Section 24.17.070(a)

"ANOMALOUS ENDORSEMENT" Section 24.15.050(d)

"BLANK ENDORSEMENT" Section 24.15.050(b)

"CASHIER'S CHECK" Section 24.14.040(i)

"CERTIFICATE OF DEPOSIT" Section 24.14.040(l)

"CERTIFIED CHECK" Section 24.17.090(d)

"CHECK" Section 24.14.040(h)

"CONSIDERATION" Section 24.16.030(b)

"DRAFT" Section 24.14.040(g)

"HOLDER IN DUE COURSE" Section 24.16.020

"INCOMPLETE INSTRUMENT" Section 24.14.150(a)

"ENDORSEMENT" Section 24.15.040(a)

"ENDORSER" Section 24.15.040(b)

"INSTRUMENT" Section 24.14.040(d)

"ISSUE" Section 24.14.050(a)

"ISSUER" Section 24.14.050(a)

"NEGOTIABLE INSTRUMENT" Section 24.14.040

"NEGOTIATION" Section 24.15.010(a)

"NOTE" Section 24.14.040(g)

"PAYABLE AT A DEFINITE TIME" Section 24.14.080(b)

"PAYABLE ON DEMAND" Section 24.14.080

"PAYABLE TO BEARER" Section 24.14.090(a)

"PAYABEL TO ORDER" Section 24.14.090(b)

"PAYMENT" Section 24.19.020

"PERSON ENTITLED TO ENFORCE" Section 24.16.010

"PRESENTMENT" Section 24.16.010

"REACQUISITION" Section 24.15.070

"SPECIAL ENDORSEMENT" 24.1505(1)

"TELLER'S CHECK" Section 24.14.040(j)

"TRANSFER OF INSTRUMENT" Section 24.15.030

"TRAVELERS CHECK" Section 24.14.040(k)

"VALUE" Section 24.16.030

(c) The following definitions in other articles apply to this article:

"BANK" Section 24.20.050(a)

"BANKING DAY" Section 24.20.040(a)(3)

"CLEARING HOUSE" Section 24.20.040(a)(4)

"COLLECTING BANK" Section 24.20.050(e)

"DEPOSITORY BANK" Section 24.20.050(b)

"DOCUMENTARY DRAFT" Section 24.20.040(a)(6)

"INTERMEDIARY BANK" Section 24.20.050(d)

"ITEM" Section 24.20.040(a)(9)

"PAYOR BANK" Section 24.20.050(c)

"SUSPENDS PAYMENTS" Section 24.20.040(a)(12)

(d) In addition, Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.