403.311 – Accord and satisfaction by use of instrument.
403.311 Accord and satisfaction by use of instrument. (1) Subsections (2) to (4) apply if a person against whom a claim is asserted proves that all of the following conditions have been met: (a) That person in good faith tendered an instrument to the claimant as full satisfaction of the claim. (b) The amount of […]
403.312 – Lost, destroyed or stolen cashier’s check, teller’s check or certified check.
403.312 Lost, destroyed or stolen cashier’s check, teller’s check or certified check. (1) In this section: (a) “Check” means a cashier’s check, teller’s check or certified check. (b) “Claimant” means a person who claims the right to receive the amount of a check that was lost, destroyed or stolen. (c) “Declaration of loss” means a […]
403.401 – Signature.
403.401 Signature. (1) A person is not liable on an instrument unless the person signed the instrument, or the person is represented by an agent or representative who signed the instrument and the signature is binding on the represented person under s. 403.402. (2) A signature may be made manually or by means of a […]
403.309 – Enforcement of lost, destroyed or stolen instrument.
403.309 Enforcement of lost, destroyed or stolen instrument. (1) A person not in possession of an instrument is entitled to enforce the instrument if all of the following apply: (a) The person was in possession of the instrument and entitled to enforce it when loss of possession occurred. (b) The loss of possession was not […]
403.304 – Overdue instrument.
403.304 Overdue instrument. (1) An instrument payable on demand becomes overdue at the earliest of the following times: (a) On the day after the day on which demand for payment is duly made. (b) If the instrument is a check, 90 days after its date. (c) If the instrument is not a check, when the […]
403.305 – Defenses and claims in recoupment.
403.305 Defenses and claims in recoupment. (1) Except as stated in sub. (2), the right to enforce the obligation of a party to pay an instrument is subject to the following: (a) A defense of the obligor based on any of the following: 1. Infancy of the obligor to the extent that it is a […]
403.306 – Claims to an instrument.
403.306 Claims to an instrument. A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A […]
403.307 – Notice of breach of fiduciary duty.
403.307 Notice of breach of fiduciary duty. (1) In this section: (a) “Fiduciary” means an agent, trustee, partner, corporate officer or director or other representative owing a fiduciary duty with respect to an instrument. (b) “Represented person” means the principal, beneficiary, partnership, corporation or other person to whom the duty stated in par. (a) is […]
403.308 – Proof of signatures and status as holder in due course.
403.308 Proof of signatures and status as holder in due course. (1) In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing […]
403.206 – Restrictive endorsement.
403.206 Restrictive endorsement. (1) An endorsement limiting payment to a particular person or otherwise prohibiting further transfer or negotiation of the instrument is not effective to prevent further transfer or negotiation of the instrument. (2) An endorsement stating a condition to the right of the endorsee to receive payment does not affect the right of […]