(a) Subject to subsections (b), (c), and (d) and to § 8.3A-419 (d), if an instrument is dishonored, an endorser is obliged to pay the amount due on the instrument (i) according to the terms of the instrument at the time it was endorsed, or (ii) if the endorser endorsed an incomplete instrument, according to its terms when completed, to the extent stated in §§ 8.3A-115 and 8.3A-407. The obligation of the endorser is owed to a person entitled to enforce the instrument or to a subsequent endorser who paid the instrument under this section.
(b) If an endorsement states that it is made "without recourse" or otherwise disclaims liability of the endorser, the endorser is not liable under subsection (a) to pay the instrument.
(c) If notice of dishonor of an instrument is required by § 8.3A-503 and notice of dishonor complying with that section is not given to an endorser, the liability of the endorser under subsection (a) is discharged.
(d) If a draft is accepted by a bank after an endorsement is made, the liability of the endorser under subsection (a) is discharged.
(e) If an endorser of a check is liable under subsection (a) and the check is not presented for payment, or given to a depositary bank for collection, within thirty days after the day the endorsement was made, the liability of the endorser under subsection (a) is discharged.
Code 1950, §§ 6-390, 6-418 through 6-420, 6-471, 6-496, 6-497, 6-503, 6-505, 6-539, 6-541 through 6-543; 1964, c. 219, §§ 8.3-411, 8.3-414, 8.3-501, 8.3-502; 1992, c. 693.
Structure Code of Virginia
Title 8.3A - Commercial Code - Negotiable Instruments
§ 8.3A-402. Signature by representative
§ 8.3A-403. Unauthorized signature
§ 8.3A-404. Impostors; fictitious payees
§ 8.3A-405. Employer's responsibility for fraudulent endorsement by employee
§ 8.3A-406. Negligence contributing to forged signature or alteration of instrument
§ 8.3A-408. Drawee not liable on unaccepted draft
§ 8.3A-409. Acceptance of draft; certified check
§ 8.3A-410. Acceptance varying draft
§ 8.3A-411. Refusal to pay cashier's checks, teller's checks, and certified checks
§ 8.3A-412. Obligation of issuer of note or cashier's check
§ 8.3A-413. Obligation of acceptor
§ 8.3A-414. Obligation of drawer
§ 8.3A-415. Obligation of endorser
§ 8.3A-416. Transfer warranties
§ 8.3A-417. Presentment warranties
§ 8.3A-418. Payment or acceptance by mistake