- The acceptor of a draft is obliged to pay the draft (i) according to its terms at the time it was accepted, even though the acceptance states that the draft is payable “as originally drawn” or equivalent terms; (ii) if the acceptance varies the terms of the draft, according to the terms of the draft as varied; or (iii) if the acceptance is of a draft that is an incomplete instrument, according to its terms when completed, to the extent stated in Code Sections 11-3-115 and 11-3-407. The obligation is owed to a person entitled to enforce the draft or to the drawer or an indorser who paid the draft under Code Section 11-3-414 or 11-3-415.
- If the certification of a check or other acceptance of a draft states the amount certified or accepted, the obligation of the acceptor is that amount. If the certification or acceptance does not state an amount, the amount of the instrument is subsequently raised, and the instrument is then negotiated to a holder in due course, the obligation of the acceptor is the amount of the instrument at the time it was taken by the holder in due course.
History. Code 1981, § 11-3-413 , enacted by Ga. L. 1996, p. 1306, § 3.
Cross references.
Allowance of setoff against original payee in action by holder or transferee of negotiable instrument received under dishonor, § 13-7-7 .
Law reviews.
For article discussing parol evidence in the law of commercial paper, see 13 Ga. L. Rev. 53 (1978).
For article surveying Georgia cases in the area of commercial law from June 1979 through May 1980, see 32 Mercer L. Rev. 11 (1980).
For annual survey of commercial law, see 38 Mercer L. Rev. 85 (1986).