84-3-415. Obligation of endorser. (a) Subject to subsections (b), (c) and (d) and to K.S.A. 84-3-419(d), if an instrument is dishonored, an endorser is obliged to pay the amount due on the instrument (1) according to the terms of the instrument at the time it was endorsed, or (2) if the endorser endorsed an incomplete instrument, according to its terms when completed, to the extent stated in K.S.A. 84-3-115 and 84-3-407. 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 K.S.A. 84-3-503 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 depository bank for collection, within 30 days after the day the endorsement was made, the liability of the endorser under subsection (a) is discharged.
History: L. 1991, ch. 296, ยง 52; Feb. 1, 1992.
Structure Kansas Statutes
Chapter 84 - Uniform Commercial Code
Article 3 - Negotiable Instruments
84-3-104 Negotiable instrument.
84-3-106 Unconditional promise or order.
84-3-107 Instrument payable in foreign money.
84-3-108 Payable on demand or at a definite time.
84-3-109 Payable to bearer or to order.
84-3-110 Identification of person to whom instrument is payable.
84-3-114 Contradictory terms of instrument.
84-3-115 Incomplete instrument.
84-3-116 Joint and several liability; contribution.
84-3-117 Other agreements affecting instrument.
84-3-118 Statute of limitations.
84-3-119 Notice of right to defend action.
84-3-202 Negotiation subject to rescission.
84-3-203 Transfer of instrument; rights acquired by transfer.
84-3-205 Special endorsement; blank endorsement; anomalous endorsement.
84-3-206 Restrictive endorsement.
84-3-301 Person entitled to enforce instrument.
84-3-302 Holder in due course.
84-3-303 Value and consideration.
84-3-305 Defenses and claims in recoupment.
84-3-306 Claims to an instrument.
84-3-307 Notice of breach of fiduciary duty.
84-3-308 Proof of signatures and status as holder in due course.
84-3-309 Enforcement of lost, destroyed or stolen instrument.
84-3-310 Effect of instrument on obligation for which taken.
84-3-311 Accord and satisfaction by use of instrument.
84-3-312 Lost, destroyed or stolen cashier's check, teller's check or certified check.
84-3-402 Signature by representative.
84-3-403 Unauthorized signature.
84-3-404 Impostors; fictitious payees.
84-3-405 Employer's responsibility for fraudulent endorsement by employee.
84-3-406 Negligence contributing to forged signature or alteration of instrument.
84-3-408 Drawee not liable on unaccepted draft.
84-3-409 Acceptance of draft; certified check.
84-3-410 Acceptance varying draft.
84-3-411 Refusal to pay cashier's checks, teller's checks and certified checks.
84-3-412 Obligation of issuer of note or cashier's check.
84-3-413 Obligation of acceptor.
84-3-414 Obligation of drawer.
84-3-415 Obligation of endorser.
84-3-417 Presentment warranties.
84-3-418 Payment or acceptance by mistake.
84-3-419 Instrument signed for accommodation.
84-3-420 Conversion of instrument.
84-3-504 Excused presentment and notice of dishonor.
84-3-505 Evidence of dishonor.
84-3-601 Discharge and effect of discharge.