84-3-301. Person entitled to enforce instrument. "Person entitled to enforce" an instrument means (a) the holder of the instrument, (b) a nonholder in possession of the instrument who has the rights of a holder, or (c) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to K.S.A. 84-3-309 or 84-3-418(d). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.
History: L. 1991, ch. 296, § 27; February 1, 1992.
KANSAS COMMENT, 1996
This section is identical to the 1995 Official Text. It is new, but contains much of the material in the former 84-3-301. Historical case and statutory references may be obtained from the 1965 or 1983 bound Volume 7 of the Kansas Statutes Annotated.
Those who can enforce the instrument include holders (84-1-201(20)), transferees pursuant to 84-3-203, those who have lost the instrument (84-3-309), a person against whom payment has been recovered (84-3-418(d)) and those who have acquired rights by subrogation such as accommodation parties (84-3-419(e)).
Revisor's Note:
Former section 84-3-301 was repealed by L. 1991, ch. 296, § 111 and the number reassigned to the current text.
CASE ANNOTATIONS
1. Loan services entitled to enforce promissory note against debtor, despite servicer's sale of beneficial interest in note to third party. In re Martinez, 455 B.R. 755 (Bkrtcy. D. Kan. 2011).
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