41-03-06. (3-106) Unconditional promise or order.
160 words·~1 min read·
/nd/title-41/chapter-41-03-negotiable-instruments/41-03-06·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Except as provided in this section, for the purposes of subsection 1 of section
41-03-04, a promise or order is unconditional unless it states an express condition to
payment or states that the promise or order is subject to or governed by another
writing or that rights or obligations with respect to the promise or order are stated in
another writing. A mere reference to another writing does not make the promise or
order conditional.
2. A promise or order is not made conditional by a reference to another writing for a
statement of rights with respect to collateral, prepayment, or accelerating or because
payment is limited to resort to a particular fund or source.
3. If a promise or order requires as a condition to payment a countersignature by a
person whose specimen signature appears on the promise or order, the condition does
not make the promise or order conditional for the purposes of subsection 1 of section