Michigan Compiled Laws
174-1962-3-3 - Part 3 Enforcement of Instruments (440.3301...440.3312)
Section 440.3306 - Instrument; Person Subject to Claim of Property or Possessory Right.

Sec. 3306.
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.
History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1993, Act 130, Eff. Sept. 30, 1993

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 440 - Uniform Commercial Code

Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)

Article 3 - Negotiable Instruments (440.3101...440.3805)

174-1962-3-3 - Part 3 Enforcement of Instruments (440.3301...440.3312)

Section 440.3301 - Instrument; Person Entitled to Enforce.

Section 440.3302 - Holder in Due Course; Notice of Discharge as Effective Against Holder; Rights of Holder; Time and Manner of Notice; Section Subject to Law Limiting Status.

Section 440.3303 - Instrument Issued or Transferred for Value; Consideration.

Section 440.3304 - Instruments Payable on Demand or Payable at Definite Time as Overdue; Conditions.

Section 440.3305 - Right to Enforce Obligation; Defenses or Claims Available; Statement; Section Subject to Other Law.

Section 440.3306 - Instrument; Person Subject to Claim of Property or Possessory Right.

Section 440.3307 - Fiduciary Duty; Breach.

Section 440.3308 - Establishing Validity of Signature; Burden; Right to Payment Subject to Defense or Claim in Recoupment; Holder in Due Course Not Subject to Defense or Claim.

Section 440.3309 - Enforcement of Instrument in Which Loss of Possession Occurred.

Section 440.3310 - Certified Check, Cashier's Check, or Teller's Check; Discharge; Note or Uncertified Check; Suspension of Obligation; Other Instruments.

Section 440.3311 - Discharge; Tender as Full Satisfaction of Claim.

Section 440.3312 - Definitions; Asserting Claim to Amount of Check by Communication to Obligated Bank; Delivery of Declaration of Loss; Claim Asserted in Compliance With Subsection (2); Duties of Claimant if Presentment by Holder in Due Course; Right...