Also known as: strikes out · struck out · striking out · strike-out · struck-out
Written by attorneys · grounded in primary & secondary sources — see below
An intentional voluntary act that discharges the obligation of a party to pay a negotiable instrument. The act includes cancellation or striking out of the party's signature on the instrument.
Select any source to read its text and confirm it supports the definition.
Sofia Stern held a promissory note from Synergy Systems. After receiving full payment, Sofia intentionally struck out the maker's signature on the note. The striking out discharged Synergy Systems' obligation to pay under the instrument.
During convention debate, delegates considered whether to strike out a clause assigning the Treasurer's appointment to Congress. The motion shifted appointment authority to the Executive as with other officers.
Defense counsel moved to strike out the government's demurrer to abatement pleas as untimely. The court considered the delay and treated the filing objection as properly raised.
The Court struck out the mandatory Guidelines provision as applied to Booker. The remaining framework allowed judicial fact-finding consistent with the Sixth Amendment.
The President directed cancellation of specific bailout payments to investment funds after signing the statute. The action was challenged as an impermissible partial repeal of enacted law.
The court struck out the defendant's answer for failure to comply with discovery orders. The ruling limited the issues that could be litigated at trial.
An intentional voluntary act such as striking out the party's signature discharges the obligation. The discharge occurs with or without consideration when performed by a person entitled to enforce the instrument.
Supporting sources
No. Cancellation or striking out of an indorsement does not affect the status and rights of a party derived from the indorsement.
Supporting sources
A revocation by striking out is presumptively ineffective when made in reliance on a mistaken assumption about how property will pass outside the will. The original gift remains effective if the assumption proves false.
Supporting sources
…Detail which provided that the "Treasurer" of the United States should be chosen by both Houses of Congress, Mr. Read moved to strike out that clause, "leaving the appointment of the Treasurer as of other officers to the Executive." Opposition to Read's motion was based, not on objection to the principle of executive…