Title 11, Chapter 5, Section 108
( 11-5-108)
"Notation credit"; exhaustion of credit. (1) A credit which specifies that any person purchasing or paying
drafts drawn or demands for payment made under it must note the
amount of the draft or demand on the letter or advice of credit is a
"notation credit." (2) Under a notation credit: (a) A person paying the beneficiary or purchasing a draft or
demand for payment from him acquires a right to honor only if the
appropriate notation is made and by transferring or forwarding for
honor the documents under the credit such a person warrants to the
issuer that the notation has been made; and (b) Unless the credit or a signed statement that an appropriate
notation has been made accompanies the draft or demand for payment
the issuer may delay honor until evidence of notation has been
procured which is satisfactory to it but its obligation and that
of its customer continue for a reasonable time not exceeding 30
days to obtain such evidence. (3) If the credit is not a notation credit: (a) The issuer may honor complying drafts or demands for payment
presented to it in the order in which they are presented and is
discharged pro tanto by honor of any such draft or demand; (b) As between competing good faith purchasers of complying drafts
or demands the person first purchasing has priority over a
subsequent purchaser even though the later purchased draft or
demand has been first honored. |