US Lawyer Database

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 […]

Section 4-502 – Presentment of “On Arrival” Drafts

    If a draft or the relevant instructions require presentment “on arrival”, “when goods arrive”, or the like, the collecting bank need not present until in its judgment a reasonable time for arrival of the goods has expired. Refusal to pay or accept because the goods have not arrived is not dishonor; the bank must notify […]

Section 4-213 – Medium and Time of Settlement by Bank

    (a)    With respect to settlement by a bank, the medium and time of settlement may be prescribed by Federal Reserve regulations or circulars, clearing-house rules, and the like, or agreement. In the absence of such prescription:         (1)    The medium of settlement is cash or credit to an account in a Federal Reserve bank of or specified by […]

Section 4-215 – Final Payment of Item by Payor Bank; When Provisional Debits and Credits Become Available for Withdrawal

    (a)    An item is finally paid by a payor bank when the bank has done any of the following:         (1)    Paid the item in cash;         (2)    Settled for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement; or         (3)    Made a provisional settlement for the item and failed to revoke the settlement […]

Section 4-216 – Insolvency and Preference

    (a)    If an item is in or comes into the possession of a payor or collecting bank that suspends payment and the item has not been finally paid, the item must be returned by the receiver, trustee, or agent in charge of the closed bank to the presenting bank or the closed bank’s customer.     (b)    If a […]