§ 3-118 — Ambiguous Terms and Rules of Construction

New York § 3-118

• Jurisdiction: New York
• Law UCC: Uniform Commercial Code
• Part 1: Short Title, Form and Interpretation
• Art. 3: Commercial Paper

Text

Section 3--118. Ambiguous Terms and Rules of Construction.\n The following rules apply to every instrument:\n (a) Where there is doubt whether the instrument is a draft or a note\nthe holder may treat it as either. A draft drawn on the drawer is\neffective as a note.\n (b) Handwritten terms control typewritten and printed terms, and\ntypewritten control printed.\n (c) Words control figures except that if the words are ambiguous\nfigures control.\n (d) Unless otherwise specified a provision for interest means interest\nat the judgment rate at the place of payment from the date of the\ninstrument, or if it is undated from the date of issue.\n (e) Unless the instrument otherwise specifies two or more persons who\nsign as maker, acceptor or drawer or indorser and as a part of the same\ntransaction are jointly and severally liable even though the instrument\ncontains such words as "I promise to pay."\n (f) Unless otherwise specified consent to extension authorizes a\nsingle extension for not longer than the original period. A consent to\nextension, expressed in the instrument, is binding on secondary parties\nand accommodation makers. A holder may not exercise his option to extend\nan instrument over the objection of a maker or acceptor or other party\nwho in accordance with Section 3--604 tenders full payment when the\ninstrument is due.\n