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 bank by reason of its payment of the item, the payor bank is subrogated to the rights:
History. Code 1933, § 109A-4-407, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 1996, p. 1306, § 13.
Law reviews.
For comment on Trust Co. of Columbus v. Refrigeration Supplies, Inc., 241 Ga. 406 , 246 S.E.2d 282 (1978), discussing liability of collecting and payor banks for payment of check over missing endorsement of copayee, see 13 Ga. L. Rev. 677 (1979).
For article surveying recent judicial developments in commercial law, see 31 Mercer L. Rev. 13 (1979).
Structure Georgia Code
Article 4 - Bank Deposits and Collections
Part 4 - Relationship Between Payor Bank and Its Customer
§ 11-4-401. When Bank May Charge Customer’s Account
§ 11-4-403. Customer’s Right to Stop Payment; Burden of Proof of Loss
§ 11-4-404. Bank Not Obliged to Pay Check More Than Six Months Old
§ 11-4-405. Death or Incompetence of Customer
§ 11-4-406. Customer’s Duty to Discover and Report Unauthorized Signature or Alteration
§ 11-4-407. Payor Bank’s Right to Subrogation on Improper Payment