I HOLD

2 definitions found across Law Mind sources

I HOLDAuthored
The Law Mind • 728 words
Definition
"I hold" is a formal declaration used in legal instruments — most commonly promissory notes, bills of exchange, and similar commercial documents — by which the maker or drawer acknowledges an existing obligation to pay or deliver a sum to another party. The phrase functions as a present-tense affirmation of liability, distinct from a promise of future performance. In older commercial paper, "I hold myself bound to pay" or simply "I hold" operated as a binding acknowledgment that the instrument was due and owing, carrying the same operative force as "I promise to pay." In commercial instruments, the phrase typically appears in one of two functional contexts: 1. As an acknowledgment of indebtedness — the speaker declares that they presently hold themselves liable for a stated sum. 2. As a synonym or variant of "I promise to pay" — used interchangeably in certain older forms of promissory notes and bills obligatory to introduce the payment obligation.
Common Confusion
"I hold" should not be confused with "I promise to pay," though the two phrases perform similar work in commercial instruments and were treated as equivalent in many historical forms. The distinction, where it existed, was subtle: "I promise" looks forward to performance; "I hold" acknowledges a present state of obligation. Rapalje & Lawrence cross-lists "I hold" with both "I promise not to appear" and "I promise to pay," suggesting that compilers of the period treated these phrases as belonging to the same family of operative words in instruments — words that, regardless of their grammatical form, create or acknowledge binding legal obligations. Researchers encountering variant phrasing in historical documents should not assume a material legal difference without examining the full instrument and applicable jurisdiction.
Why It Matters in Research
This term appears almost exclusively in historical commercial law contexts. Researchers working with pre-twentieth-century promissory notes, bills of exchange, or instruments of indebtedness may encounter "I hold" as the operative language where modern instruments would use "I promise to pay" or "I agree to pay." The phrase is essentially archaic in modern drafting practice. The primary research trap is treating variant operative language as legally insignificant without investigating whether courts in the relevant jurisdiction and period gave consistent legal effect to such phrases. Some older decisions turned on the precise words of an instrument — whether language was sufficient to constitute a negotiable promise or merely an acknowledgment — and "I hold" versus "I promise" could theoretically bear on that analysis, though in practice courts generally construed such phrases liberally. The cross-listing in Rapalje & Lawrence is itself a navigational clue: if you encounter "I hold" in a historical instrument and need to understand its legal effect, the most productive research path runs through the law of negotiable instruments and commercial paper for the relevant period, not through general contract principles.
Historical Dictionary Support
Rapalje & Lawrence do not provide a standalone definition for "I hold" but instead cross-reference it to related phrases: "I promise not to appear" and "I promise to pay." This editorial choice reflects a broader organizational principle in nineteenth-century legal dictionaries — grouping operative words by function rather than treating each as a discrete term. The implication is clear: "I hold" was understood by practitioners of the period as one of several functionally equivalent phrases used to bind a party in a formal instrument. What historical dictionaries largely miss is any treatment of the phrase's evolution or obsolescence. By the time uniform negotiable instruments legislation consolidated commercial paper practice — culminating in the Uniform Negotiable Instruments Law (adopted by most states between 1896 and the early twentieth century) and later Article 3 of the Uniform Commercial Code — standardized language rendered variant phrases like "I hold" largely irrelevant to modern drafting. Historical sources provide no guidance on this transition.
Related Terms
I promise to pay — Operative words in a promissory note; the modern standard form Promissory note — The instrument most commonly using such operative language Bill of exchange — Related commercial instrument in which acknowledgment of obligation is material Negotiable instrument — The broader category governing enforceability and transfer Operative words — The class of terms to which "I hold" belongs Acknowledgment of debt — Functional equivalent in different documentary contexts Obligor — The party whose liability "I hold" declares
I HOLDmain
Rapalje & Lawrence • 1883
I promise NOT to appear. I promise to PAY.

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