- Mar 20, 2000
- 102,414
- 8,356
- 126
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if the legislature decided that funds, for that particular statute was defined as cash, silver certificates, treasury notes, fed notes, and foreign bank notes and drafts, well, none of those are regular personal checks.
the current statute, effective sept. 2005, includes
my book still has the old version of the statute (pocket part contains the update).
the statute reads:
so the question turns on whether the word 'includes' means 'includes and is limited to' or 'includes but is not limited to.' i would say in normal usage and even in my contract drafting class it is the latter, rather than the former. but i guess in austin it's now the former.
if the legislature decided that funds, for that particular statute was defined as cash, silver certificates, treasury notes, fed notes, and foreign bank notes and drafts, well, none of those are regular personal checks.
the current statute, effective sept. 2005, includes
(D) currency or its equivalent, including an
electronic fund, personal check, bank check, traveler's check,
money order, bearer negotiable instrument, bearer investment
security, bearer security, or certificate of stock in a form that
allows title to pass on delivery.
my book still has the old version of the statute (pocket part contains the update).
the statute reads:
(2) "Funds" includes:
(A) coin or paper money of the United States or
any other country that is designated as legal tender and that
circulates and is customarily used and accepted as a medium of
exchange in the country of issue;
(B) United States silver certificates, United
States Treasury notes, and Federal Reserve System notes;
(C) an official foreign bank note that is
customarily used and accepted as a medium of exchange in a foreign
country and a foreign bank draft.
so the question turns on whether the word 'includes' means 'includes and is limited to' or 'includes but is not limited to.' i would say in normal usage and even in my contract drafting class it is the latter, rather than the former. but i guess in austin it's now the former.