US Lawyer Database

Section 4-503 – Responsibility of Presenting Bank for Documents and Goods; Report of Reasons for Dishonor; Referee in Case of Need

    Unless otherwise instructed and except as provided in Title 5, a bank presenting a documentary draft:         (1)    Must deliver the documents to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment; and         (2)    Upon dishonor, either in the case of presentment for acceptance or presentment […]

Section 4-504 – Privilege of Presenting Bank to Deal With Goods; Security Interest for Expenses

    (a)    A presenting bank that, following the dishonor of a documentary draft, has seasonably requested instructions but does not receive them within a reasonable time may store, sell, or otherwise deal with the goods in any reasonable manner.     (b)    For its reasonable expenses incurred by action under subsection (a) the presenting bank has a lien upon the […]

Section 4-405 – Death or Incompetence of Customer

    (a)    A payor or collecting bank’s authority to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know […]

Section 4-209 – Encoding and Retention Warranties

    (a)    A person who encodes information on or with respect to an item after issue warrants to any subsequent collecting bank and to the payor bank or other payor that the information is correctly encoded. If the customer of a depositary bank encodes, that bank also makes the warranty.     (b)    A person who undertakes to retain an […]

Section 4-407 – Payor Bank’s Right to Subrogation on Improper Payment

    If a payor bank has paid an item over the order of the drawer or maker to stop payment, or after an account has been closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the […]