69-1-3 - Transmitting agreements for payment of money -- Burden of proof.
69-1-3. Transmitting agreements for payment of money -- Burden of proof.
Checks, due bills, promissory notes, bills of exchange and all orders or agreements for thepayment or delivery of money or other thing of value may be made or drawn by telegraph, andwhen so made or drawn shall have the same force and effect to charge the maker, drawer,endorser or acceptor thereof, and shall create the same rights and equities in favor of the payee,drawee, endorsee, acceptor, holder or bearer thereof, as if duly made or drawn and delivered inwriting. Except as provided in Section 69-1-4, whenever the genuineness or execution of anysuch instrument received by telegraph shall be denied on oath by or on behalf of the person soughtto be charged thereby it shall be incumbent upon the party claiming under or alleging theexistence of the same to prove the existence and execution of the original writing from which thetelegraphic copy was transmitted. The original message shall in all cases be preserved in thetelegraph office from which the same is sent.
Amended by Chapter 20, 1995 General Session