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Session Laws, 1963
Volume 671, Page 790   View pdf image (33K)
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792                               LAWS OF MARYLAND                        [CH. 538

(29)  "Party", as distinct from "third party", means a person who
has engaged in a transaction or made an agreement within this
Article.

(30)  "Person" includes an individual or an organization. (See
Section 1
102).

(31)  "Presumption" or "presumed" means that the trier of fact
must find the existence of the fact presumed unless and until evidence
is introduced which would support a finding of its non-existence.

(32)  "Purchase" includes taking by sale, discount, negotiation,
mortgage, pledge, lien, issue or re-issue, gift or any other voluntary
transaction creating an interest in property.

(33)  "Purchaser" means a person who takes by purchase.

(34) "Remedy" means any remedial right to which an aggrieved
party is entitled with or without resort to a tribunal.

(35)  "Representative" includes an agent, an officer of a corpora-
tion or association, and a trustee, executor or administrator of an
estate, or any other person empowered to act for another.

(36)  "Rights" includes remedies.

(37)  "Security interest" means an interest in personal property
or fixtures which secures payment or performance of an obligation.
The retention or reservation of title by a seller of goods notwith-
standing shipment or delivery to the buyer (Section 2
401) is
limited in effect to a reservation of a "security interest". The term
also includes any interest of a buyer of accounts, chattel paper, or
contract rights which is subject to Sub-title 9. The special property
interest of a buyer of goods on identification of such goods to a con-
tract for sale under Section 2
401 is not a "security interest", but
a buyer may also acquire a "security interest" by complying with
Sub-title 9. Unless a lease or consignment is intended as security,
reservation of title thereunder is not a "security interest" but a con-
signment is in any event subject to the provisions on consignment
sales (Section 2
326). Whether a lease is intended as security is to
be determined by the facts of each case; however, (a) the inclusion
of an option to purchase does not of itself make the lease one intended
for security, and (b) an agreement that upon compliance with the
terms of the lease the lessee shall become or has the option to become
the owner of the property for no additional consideration or for a
nominal consideration does make the lease one intended for security.

(38)  "Send" in connection with any writing or notice means to
deposit in the mail or deliver for transmission by any other usual
means of communication with postage or cost of transmission pro-
vided for and properly addressed and in the case of an instrument
to an address specified thereon or otherwise agreed, or if there be
none to any address reasonable under the circumstances. The receipt
of any writing or notice within the time at which it would have
arrived if properly sent has the effect of a proper sending.

(39)  "Signed" includes any symbol executed or adopted by a party
with present intention to authenticate a writing.

(40)  "Surety" includes guarantor.

 

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Session Laws, 1963
Volume 671, Page 790   View pdf image (33K)
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