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Miss. Code Ann. § 75-3-303

Value and consideration

Known as the Uniform Commercial Code

The act spans §§ 75–75 (480 sections).

Applied in 2 court decisions — leading case 607 So. 2d 76 - Omnibank of Mantee v. United Southern Bank (1992)

Most recently applied in 991 So. 2d 1201 - Ballard v. Commercial Bank of DeKalb (October 2008)

Former § 75-3-303: Codes, 1942, § 41A:3-303; Laws, 1966, ch. 316, § 3-303; Laws, 1992, ch. 420, § 29, eff from and after January 1, 1993.

An instrument is issued or transferred for value if:

(1) The instrument is issued or transferred for a promise of performance, to the extent the promise has been performed;

(2) The transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding;

(3) The instrument is issued or transferred as payment of, or as security for, an antecedent claim against any person, whether or not the claim is due;

(4) The instrument is issued or transferred in exchange for a negotiable instrument; or

(5) The instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument.

“Consideration” means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection (a), the instrument is also issued for consideration.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.