Michigan Compiled Laws
174-1962-3-4 - Part 4 Liability of Parties (440.3401...440.3420)
Section 440.3415 - Dishonored Instrument; Obligation and Liability of Endorser.

Sec. 3415.
(1) Subject to subsections (2), (3), (4), and (5) and to section 3419(4), if an instrument is dishonored, an endorser is obliged to pay the amount due on the instrument (i) according to the terms of the instrument at the time it was endorsed, or (ii) if the endorser endorsed an incomplete instrument, according to its terms when completed, to the extent stated in sections 3115 and 3407. 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.
(2) If an endorsement states that it is made "without recourse" or otherwise disclaims liability of the endorser, the endorser is not liable under subsection (1) to pay the instrument.
(3) If notice of dishonor of an instrument is required by section 3503 and notice of dishonor complying with that section is not given to an endorser, the liability of the endorser under subsection (1) is discharged.
(4) If a draft is accepted by a bank after an endorsement is made, the liability of the endorser under subsection (1) is discharged.
(5) If an endorser of a check is liable under subsection (1) 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 (1) is discharged.
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)

174-1962-3-4 - Part 4 Liability of Parties (440.3401...440.3420)

Section 440.3401 - Liability; Signature.

Section 440.3402 - Liability of Parties; Signature by Authorized Representative.

Section 440.3403 - Unauthorized Signature; Effect.

Section 440.3404 - Imposter; Inducing Issuance of Instrument; Endorsement in Name of Payee; Failure to Exercise Ordinary Care.

Section 440.3405 - Definitions; Fraudulent Endorsement by Employee or Person Acting in Concert With Employee.

Section 440.3406 - Failure to Exercise Ordinary Care Contributing to Alteration or Forged Instrument; Allocation of Loss; Burden of Proof.

Section 440.3407 - Alteration; Definition; Discharge of Party Affected; Enforcement of Rights.

Section 440.3408 - Check or Draft; Operation as Assignment.

Section 440.3409 - Acceptance of Draft; Definition; Operation; “Certified Check” Defined; Refusal to Certify.

Section 440.3410 - Acceptance Varying From Terms of Draft.

Section 440.3411 - Obligated Bank; Definition; Refusal to Pay Check; Expenses or Damages Not Recoverable.

Section 440.3412 - Note, Cashier's Check, or Other Draft; Obligation of Issuer to Pay According to Terms.

Section 440.3413 - Draft; Obligation to Pay According to Terms; Amount.

Section 440.3414 - Applicability of Section; Unaccepted Draft; Dishonor; Payment According to Terms; Acceptance by Bank; Discharge of Drawer; Obligation of Drawer if Acceptor Not Bank and Draft Dishonored; Disclaimer of Liability; Suspension of Payme...

Section 440.3415 - Dishonored Instrument; Obligation and Liability of Endorser.

Section 440.3416 - Transfer of Instrument for Consideration; Endorsement; Warranties.

Section 440.3417 - Presentment of Unaccepted or Dishonored Draft; Rights of Parties.

Section 440.3418 - Payment or Acceptance by Mistake.

Section 440.3419 - Accommodation Parties.

Section 440.3420 - Conversion.