Parties to the instrument and their potential liablity Flashcards
A Maker has
Primarily liability, the maker must pay the instrument when it becomes due
A Drawer has
Secondary liability. The drawer’s obligation ripens upon presentment and dishonor
A drawee’s liability is not on the instrument itself but to the
Drawer who has funds deposited at a bank
Properly Payable Rule
The Bank is obligated to honor a check that is properly payable
If a check has an alteration, the bank may charge for the amount authorized,
not for the altered amount
A bank may property pay a post dated check
Unless the customer gives timely notice of the post dated check
Wrongful Dishonor
A customer can sue for damages that are proximately caused by a wrongful dishonor
A customer has a duty to inspect the bank statement and they must exercise reasonable care to discover unauthorized payments resulting for a forged signature
Stop payment
An oral stop payment is valid for 14 days, written stop payment is valid for 6 months
Indorsers liability
An indorsers liability ripens when
1) The note is dishonored; and
2) The indorser receives notice of the dishonor
(be aware of indorsements that state “without recourse” which disclaims the endorsers liability