§3-1415. Obligation of indorser
(1). Subject to subsections (2), (3), (4) and (5) and to section 3‑1419, subsection (4), when an instrument is dishonored, an indorser is obliged to pay the amount due on the instrument:
(a). According to the terms of the instrument at the time it was indorsed; or [PL 1993, c. 293, Pt. A, §2 (NEW).]
(b). If the indorser indorsed an incomplete instrument, according to its terms when completed, to the extent stated in sections 3‑1115 and 3‑1407. [PL 1993, c. 293, Pt. A, §2 (NEW).]
The obligation of the indorser is owed to a person entitled to enforce the instrument or to a subsequent indorser who paid the instrument under this section.
[PL 1993, c. 293, Pt. A, §2 (NEW).]
(2). If an indorsement states that it is made "without recourse" or otherwise disclaims liability of the indorser, the indorser is not liable under subsection (1) to pay the instrument.
[PL 1993, c. 293, Pt. A, §2 (NEW).]
(3). If notice of dishonor of an instrument is required by section 3‑1503 and notice of dishonor complying with that section is not given to an indorser, the liability of the indorser under subsection (1) is discharged.
[PL 1993, c. 293, Pt. A, §2 (NEW).]
(4). If a draft is accepted by a bank after an indorsement is made, the liability of the indorser under subsection (1) is discharged.
[PL 1993, c. 293, Pt. A, §2 (NEW).]
(5). If an indorser of a check is liable under subsection (1) and the check is not presented for payment, or given to a depositary bank for collection, within 30 days after the day the indorsement was made, the liability of the indorser under subsection (1) is discharged.
[PL 1993, c. 293, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 1993, c. 293, §A2 (NEW).
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
Article 3-A: NEGOTIABLE INSTRUMENTS
11 §3-1402. Signature by representative
11 §3-1403. Unauthorized signature
11 §3-1404. Impostors; fictitious payees
11 §3-1405. Employer's responsibility for fraudulent indorsement by employee
11 §3-1406. Negligence contributing to forged signature or alteration of instrument
11 §3-1408. Drawee not liable on unaccepted draft
11 §3-1409. Acceptance of draft; certified check
11 §3-1410. Acceptance varying draft
11 §3-1411. Refusal to pay cashier's checks, teller's checks and certified checks
11 §3-1412. Obligation of issuer of note or cashier's check
11 §3-1413. Obligation of acceptor
11 §3-1414. Obligation of drawer
11 §3-1415. Obligation of indorser
11 §3-1416. Transfer warranties
11 §3-1417. Presentment warranties
11 §3-1418. Payment or acceptance by mistake