30-3-406. Negligence contributing to forged signature or alteration of instrument. (1) A person whose failure to exercise ordinary care substantially contributes to an alteration of an instrument or to the making of a forged signature on an instrument is precluded from asserting the alteration or the forgery against a person who in good faith pays the instrument or takes it for value.
(2) If the person asserting the preclusion fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss, the loss is allocated between the person precluded and the person asserting the preclusion according to the extent to which the failure of each to exercise ordinary care contributed to the loss.
(3) Under subsection (1), the burden of proving failure to exercise ordinary care is on the person asserting the preclusion. Under subsection (2), the burden of proving failure to exercise ordinary care is on the person precluded.
History: En. Sec. 3-406, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-406; amd. Sec. 130, Ch. 410, L. 1991.
Structure Montana Code Annotated
Chapter 3. Uniform Commercial Code Negotiable Instruments
30-3-403. Signature by representative
30-3-404. Unauthorized signatures
30-3-405. Impostors -- fictitious payees
30-3-406. Negligence contributing to forged signature or alteration of instrument
30-3-409. Drawee not liable on unaccepted draft
30-3-410. Acceptance of draft -- certified check
30-3-412. Acceptance varying draft
30-3-414. Obligation of indorser
30-3-415. Instruments signed for accommodation
30-3-419. Conversion of instrument
30-3-420. Employer responsibility for fraudulent indorsement by employee
30-3-421. Refusal to pay cashier's checks, teller's checks, and certified checks
30-3-422. Obligation of acceptor
30-3-423. Obligation of drawer