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 person having rights of a holder in due course takes free of the claim to the instrument.
(Dec. 30, 1963, 77 Stat. 681, Pub. L. 88-243, § 1; Mar. 23, 1995, D.C. Law 10-249, § 2(d), 42 DCR 467.)
1981 Ed., § 28:3-306.
1973 Ed., §§ 28:3-305, 28:3-306.
This section is referenced in § 28:3-302, § 28:3-305, and § 28:3-602.
This section expands on the reference to “claims to” the instrument mentioned in former Sections 3-305 and 3-306. Claims covered by the section include not only claims to ownership but also any other claim of a property or possessory right. It includes the claim to a lien or the claim of a person in rightful possession of an instrument who was wrongfully deprived of possession. Also included is a claim based on Section 3-202(b) for rescission of a negotiation of the instrument by the claimant. Claims to an instrument under Section 3-306 are different from claims in recoupment referred to in Section 3-305(a)(3).
Structure District of Columbia Code
Title 28 - Commercial Instruments and Transactions. [Enacted title]
Subtitle I - Uniform Commercial Code
Article 3 - Negotiable Instruments
Part III - Enforcement of Instruments
§ 28:3–301. Person entitled to enforce instrument
§ 28:3–302. Holder in due course
§ 28:3–303. Value and consideration
§ 28:3–304. Overdue instrument
§ 28:3–305. Defenses and claims in recoupment
§ 28:3–306. Claims to an instrument
§ 28:3–307. Notice of breach of fiduciary duty
§ 28:3–308. Proof of signatures and status as holder in due course
§ 28:3–309. Enforcement of lost, destroyed, or stolen instrument
§ 28:3–310. Effect of instrument on obligation for which taken
§ 28:3–311. Accord and satisfaction by use of instrument
§ 28:3–312. Lost, destroyed, or stolen cashier’s check, teller’s check, or certified check