fictitious payee


fictitious payee
Negotiable instrument is drawn to fictitious payee whenever payee named in it has no right to it, and its maker does not intend that such payee shall take anything by it; whether name of payee used by maker is that of person living or dead or one who never existed is immaterial. Goodyear Tire & Rubber Co. of California v. Wells Fargo Bank & Union Trust Co., 1 Cal.App.2d 694, 37 P.2d 483. The test is not whether the named payee is "fictitious" but whether the signer intends that he shall have no interest in the instrument. U.C.C. No. 3-405

Black's law dictionary. . 1990.

Look at other dictionaries:

  • fictitious payee — n: a person named as payee in an instrument who does not in fact exist or who does exist but to whom the maker of the instrument does not intend to convey any interest in the instrument Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • fictitious payee — Negotiable instrument is drawn to fictitious payee whenever payee named in it has no right to it, and its maker does not intend that such payee shall take anything by it; whether name of payee used by maker is that of person living or dead or one …   Black's law dictionary

  • fictitious payee — A fictitious person, as where the name is feigned or pretended or where a name is inserted as payee without any intention that payment shall be made only in conformity therewith. 11 Am J2d B & N § 128. It is well settled that an existing person… …   Ballentine's law dictionary

  • fictitious — fic·ti·tious adj 1: of, relating to, or characteristic of a legal fiction 2: false fic·ti·tious·ly adv fic·ti·tious·ness n Merriam Webster’s Dictionary of Law …   Law dictionary

  • fictitious person — n: a supposed but in fact nonexistent person referred to in some legal documents or proceedings; also: fictitious payee Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • payee — The person in whose favor a bill of exchange, promissory note, or check is made or drawn; the person to whom or to whose order a bill, note, or check is made payable; the person to whom an instrument is payable upon issuance. The entity to whom a …   Black's law dictionary

  • fictitious party — A party in whose name an action has been brought without any authority from him. If committed in any of the king s superior courts, it was punishable as a high contempt to bring an action in the name of a person who did not exist, or of one who… …   Ballentine's law dictionary

  • fictitious person — An imaginary person. See fictitious payee …   Ballentine's law dictionary

  • fictitious credit — An indorsement on a promissory note, made without the authority of the maker or any indorser, of credit for a payment not made. 4 Am J2d Alt Inst § 62. Such an indorsement is sometimes made by payee or indorsee for the purpose of tolling the… …   Ballentine's law dictionary

  • fictitious person — noun 1. : a supposed but in fact nonexistent person referred to in some legal documents or proceedings (as the “Richard Roe” in English ejectment cases or the payee “Cash” in a check) 2. : juristic person * * * Law. a legal entity or artificial… …   Useful english dictionary


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