Who is the person primarily liable in a promissory note?

Asked by: Wilhelmine Tremblay  |  Last update: October 17, 2025
Score: 4.2/5 (71 votes)

Two parties are primarily liable: the maker of a note and the acceptor of a draft. They are required to pay by the terms of the instrument itself, and their liability is unconditional.

Who is the primary liability in the case of promissory note?

It is the maker who is primarily liable on a promissory note. The issuer of a note or the maker is one of the parties who, by means of a written promise, pay another party (the note's payee) a definite sum of money, either on-demand or at a specified future date.

Who is primarily liable on a note: a. the maker b. the indorsers c. the drawee bank d. the holder?

maintained with the drawee and subsequent insolvency, and written assignment. U.C.C. § 3-501(1) (b). as (1) parties primarily liable, makers of notes and acceptors of drafts; (2) parties intermediately liable, drawers of checks and drafts; and (3) parties secondarily liable, indorsers.

Who is generally primarily liable on a draft?

When the draft is accepted, the obligations change. The drawee, as acceptor, becomes primarily liable and the drawer's liability is that of a person secondarily liable as a guarantor of payment.

Is the maker primary liable to a promissory note?

Maker is primarily liable to a promissory note.

True. The maker of a promissory note is the person who promises to pay the note's amount to the payee or holder.

Drawer or Maker Liability to Pay Negotiable Instrument

23 related questions found

Who is primarily liable on a promissory note?

Two parties are primarily liable: the maker of a note and the acceptor of a draft. They are required to pay by the terms of the instrument itself, and their liability is unconditional.

Who is the maker and payee of a promissory note?

Typically, there are two parties to a promissory note: The promisor, also called the note's maker or issuer, promises to repay the amount borrowed. The promisee or payee is the person who gave the loan.

What does it mean to be primarily liable?

Primary liability refers to an obligation for which a party is directly responsible. Secondary liability, on the other hand, refers to an obligation that is the responsibility of another party if the party that is directly responsible fails to satisfy the obligation.

Who is responsible for the draft?

Congress and the president would have to authorize a draft. In the case of a national emergency, the Selective Service will follow this process to draft eligible young men. Get more tips to help with the new responsibilities of adulthood.

What is a primary liability on a negotiable instrument?

Primary Liability: A person who is primarily liable on a negotiable instrument is absolutely required, subject to one or more valid defenses, to pay a negotiable instrument upon presentment.

Who is the drawee of a promissory note?

Promissory notes typically involve two, and occasionally three, individuals: Drawee: The drawee is the lender. Drawer: The drawer is the borrower, who agrees to pay the drawee when the promissory note comes due. Payee: The payee is a third party that the drawer (or borrower) has designated to receive the money.

Who is the maker of a note debtor?

Payee: The entity that is owed the principal and ensuing interest. The payee “holds” the note receivable. Maker: The entity required to pay back the note, also known as the borrower or debtor. Principal: The original amount of the note.

What are the four conditions for a negotiable instrument to be valid under the UCC?

An instrument to be negotiable must conform to the following requirements: (1) It must be in writing and signed by the maker or drawer; (2) Must contain an unconditional promise or order to pay a sum certain in money; (3) Must be payable on demand, or at a fixed or determinable future time; (4) Must be payable to order ...

Will a promissory note hold up in court?

Promissory notes are legally binding contracts that can hold up in court if the terms of borrowing and repayment are signed and follow applicable laws.

Who has primary liability?

Definition: Primary liability is when a party is directly responsible for an obligation. This means that they are the ones who have to fulfill the obligation. Secondary liability is when another party is responsible for the obligation if the primary party fails to fulfill it.

Does a promissory note make the borrower personally liable for the debt?

Signing a promissory note means you're liable for repaying the loan. It contains the terms for repayment.

Who is protected from being drafted?

Certain elected officials, exempt so long as they continue to hold office. Veterans, generally exempt from service in peacetime draft. Immigrants and dual nationals in some cases may be exempt from U.S. military service depending upon their place of residence and country of citizenship.

Who is the person ordered to pay 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) “Maker” means a person who signs or is identified in a note as a person undertaking to pay.

Who has the power to draft?

The Supreme Court unanimously upheld the constitutionality of the draft act in the Selective Draft Law Cases on January 7, 1918. The decision said the Constitution gave Congress the power to declare war and to raise and support armies.

Who is the liable person?

The liable person is the person whose name appears on the Council Tax bill. In most cases this is the person occupying the property. There can be one liable person or multiple, depending on the circumstances. The following list (referred to as the 'hierarchy of liability') is used to work out who is liable.

What is the legal definition of primarily?

Primarily means “mostly, chiefly, etc.”.

What makes a person liable?

"Legal liability" exists when: The wrongdoer is found guilty of "Negligent Conduct;" The injured party suffers actual damages; and. The wrongdoer's "Negligent conduct" is the proximate cause of the injury or damage.

What makes a promissory note invalid?

A promissory note could become invalid if: It isn't signed by both parties. The note violates laws. One party tries to change the terms of the agreement without notifying the other party.

Who is the owner of a promissory note?

The lender—known as the payee—is typically the owner of the original promissory note until the borrower repays the loan. In some cases (like for a mortgage loan), the note may also be held by a financial institution or investment group.

What happens if the maker of a promissory note fails to pay?

If the maker fails to pay according to the terms of the promissory note, the holder can foreclose on the property that secured the note, thereby recovering the unpaid principal of the note, interest, fees and expenses. An unsecured promissory note is one that is not secured by any collateral.