HARRY HUGHES, Governor

2877

in the business of transporting or forwarding goods, and
includes an airbill. "Airbill" means a document serving for
air transportation as a bill of lading does for marine or
rail transportation, and includes an air consignment note or
air waybill.

(7)  "Branch" includes a separately incorporated
foreign branch of a bank.

(8)  "Burden of establishing" a fact means the
burden of persuading the triers of fact that the existence
of the fact is more probable than its nonexistence.

(9)  "Buyer in ordinary course of business" means
a person who in good faith and without knowledge that the
sale to him is in violation of the ownership rights or
security interest of a third party in the goods buys in
ordinary course from a person in the business of selling
goods of that kind but does not include a pawnbroker. ALL
PERSONS WHO SELL MINERALS OR THE LIKE (INCLUDING OIL AND
GAS) AT WELLHEAD OR MINEHEAD SHALL BE DEEMED TO BE PERSONS
IN THE BUSINESS OF SELLING GOODS OF THAT KIND. "Buying" may
be for cash or by exchange of other property or on secured
or unsecured credit and includes receiving goods or
documents of title under a preexisting contract for sale but
does not include a transfer in bulk or as security for or in
total or partial satisfaction of a money debt.

(10)  "Conspicuous": A term or clause is
conspicuous when it is so written that a reasonable person
against whom it is to operate ought to have noticed it. A
printed heading in capitals (as: NONNEGOTIABLE BILL OF
LADING) is conspicuous. Language in the body of a form is
"conspicuous" if it is in larger or other contrasting type
or color. But in a telegram any stated term is
"conspicuous." Whether a term or clause is "conspicuous" or
not is for decision by the court.

(11)  "Contract" means the total  legal obligation
which results from the parties' agreement    as affected by
Titles 1 through 10 of this article and any  other applicable
rules of law. (Compare "Agreement.")

(12)  "Creditor" includes a general creditor, a
secured creditor, a lien creditor and any representative of
creditors, including an assignee for the benefit of
creditors, a trustee in bankruptcy, a receiver in equity and
an executor or administrator of an insolvent debtor's or
assignor's estate.

(13)  "Defendant" includes a person in the
position of defendant in a cross action or counterclaim.

(14)  "Delivery" with respect to instruments,
documents of title, chattel paper or securities means
voluntary transfer of possession.