25-3-415. Obligation of indorser.
(a) Subject to subsections (b), (c), (d), and (e) of this section and to G.S. 25-3-419(d), if an instrument is dishonored, an indorser is obliged to pay the amount due on the instrument (i) according to the terms of the instrument at the time it was indorsed, or (ii) if the indorser indorsed an incomplete instrument, according to its terms when completed, to the extent stated in G.S. 25-3-115 and G.S. 25-3-407. 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.
(b) If an indorsement states that it is made "without recourse" or otherwise disclaims liability of the indorser, the indorser is not liable under subsection (a) of this section to pay the instrument.
(c) If notice of dishonor of an instrument is required by G.S. 25-3-503 and notice of dishonor complying with that section is not given to an indorser, the liability of the indorser under subsection (a) of this section is discharged.
(d) If a draft is accepted by a bank after an indorsement is made, the liability of the indorser under subsection (a) of this section is discharged.
(e) If an indorser of a check is liable under subsection (a) of this section 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 (a) of this section is discharged. (1899, c. 733, ss. 7, 28, 29, 38, 44, 64, 66 to 68, 70, 89, 118, 129, 143, 144, 150 to 153, 158, 186; Rev., ss. 2157, 2176, 2177, 2187, 2193, 2213, 2215 to 2217, 2219, 2239, 2268, 2279, 2293, 2294, 2300 to 2303, 2308, 2336; C.S., ss. 2988, 3008, 3009, 3019, 3125, 3045, 3047 to 3049, 3051, 3071, 3100, 3111, 3125, 3126, 3132 to 3135, 3140, 3168; 1965, c. 700, s. 1; 1967, c. 562, s. 1; 1995, c. 232, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 25 - Uniform Commercial Code
Article 3 - Negotiable Instruments.
§ 25-3-104 - Negotiable instrument.
§ 25-3-105 - Issue of instrument.
§ 25-3-106 - Unconditional promise or order.
§ 25-3-107 - Instrument payable in foreign money.
§ 25-3-108 - Payable on demand or at definite time.
§ 25-3-109 - Payable to bearer or to order.
§ 25-3-110 - Identification of person to whom instrument is payable.
§ 25-3-111 - Place of payment.
§ 25-3-113 - Date of instrument.
§ 25-3-114 - Contradictory terms of instrument.
§ 25-3-115 - Incomplete instrument.
§ 25-3-116 - Joint and several liability; contribution.
§ 25-3-117 - Other agreements affecting instrument.
§ 25-3-118 - Statute of limitations.
§ 25-3-119 - Notice of right to defend action.
§ 25-3-202 - Negotiation subject to rescission.
§ 25-3-203 - Transfer of instrument; rights acquired by transfer.
§ 25-3-205 - Special indorsement; blank indorsement; anomalous indorsement.
§ 25-3-206 - Restrictive indorsement.
§ 25-3-301 - Person entitled to enforce instrument.
§ 25-3-302 - Holder in due course.
§ 25-3-303 - Value and consideration.
§ 25-3-304 - Overdue instrument.
§ 25-3-305 - Defenses and claims in recoupment.
§ 25-3-306 - Claims to an instrument.
§ 25-3-307 - Notice of breach of fiduciary duty.
§ 25-3-308 - Proof of signatures and status as holder in due course.
§ 25-3-309 - Enforcement of lost, destroyed, or stolen instrument.
§ 25-3-310 - Effect of instrument on obligation for which taken.
§ 25-3-311 - Accord and satisfaction by use of instrument.
§ 25-3-312 - Lost, destroyed, or stolen cashier's check, teller's check, or certified check.
§ 25-3-402 - Signature by representative.
§ 25-3-403 - Unauthorized signature.
§ 25-3-404 - Impostors; fictitious payees.
§ 25-3-405 - Employer's responsibility for fraudulent indorsement by employee.
§ 25-3-406 - Negligence contributing to forged signature or alteration of instrument.
§ 25-3-408 - Drawee not liable on unaccepted draft.
§ 25-3-409 - Acceptance of draft; certified check.
§ 25-3-410 - Acceptance varying draft.
§ 25-3-411 - Refusal to pay cashier's checks, teller's checks, and certified checks.
§ 25-3-412 - Obligation of issuer of note or cashier's check.
§ 25-3-413 - Obligation of acceptor.
§ 25-3-414 - Obligation of drawer.
§ 25-3-415 - Obligation of indorser.
§ 25-3-416 - Transfer warranties.
§ 25-3-417 - Presentment warranties.
§ 25-3-418 - Payment or acceptance by mistake.
§ 25-3-419 - Instruments signed for accommodation.
§ 25-3-420 - Conversion of instrument.
§ 25-3-503 - Notice of dishonor.
§ 25-3-504 - Excused presentment and notice of dishonor.
§ 25-3-505 - Evidence of dishonor.
§ 25-3-506 - Collection of processing fee for returned checks.
§ 25-3-601 - Discharge and effect of discharge.
§ 25-3-603 - Tender of payment.
§ 25-3-604 - Discharge by cancellation or renunciation.
§ 25-3-605 - Discharge of indorsers and accommodation parties.