25-4-407. Payor bank's right to subrogation on improper payment.
If a payor bank has paid an item over the order of the drawer or maker to stop payment, or after an account has been closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor bank is subrogated to the rights:
(1) Of any holder in due course on the item against the drawer or maker;
(2) Of the payee or any other holder of the item against the drawer or maker either on the item or under the transaction out of which the item arose; and
(3) Of the drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose. (1965, c. 700, s. 1; 1995, c. 232, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 25 - Uniform Commercial Code
Article 4 - Bank Deposits and Collections.
§ 25-4-103 - Variation by agreement; measure of damages; action constituting ordinary care.
§ 25-4-104 - Definitions and index of definitions.
§ 25-4-105.1 - Payable through or payable at bank; collecting bank.
§ 25-4-106 - Separate office of a bank.
§ 25-4-107 - Time of receipt of items.
§ 25-4-110 - Electronic presentment.
§ 25-4-111 - Statute of limitations.
§ 25-4-202 - Responsibility for collection or return; when action timely.
§ 25-4-203 - Effect of instructions.
§ 25-4-204 - Methods of sending and presenting; sending directly to payor.
§ 25-4-205 - Depositary bank holder of unindorsed item.
§ 25-4-206 - Transfer between banks.
§ 25-4-207 - Transfer warranties.
§ 25-4-207.1 - Presentment warranties.
§ 25-4-207.2 - Encoding and retention warranties.
§ 25-4-208 - Security interest of collecting bank in items, accompanying documents and proceeds.
§ 25-4-209 - When bank gives value for purposes of holder in due course.
§ 25-4-211 - Medium and time of settlement by bank.
§ 25-4-212 - Right of charge-back or refund; liability of collecting bank; return of item.
§ 25-4-214 - Insolvency and preference.
§ 25-4-302 - Payor bank's responsibility for late return of item.
§ 25-4-401 - When bank may charge customer's account.
§ 25-4-403 - Customer's right to stop payment; burden of proof of loss.
§ 25-4-404 - Bank not obligated to pay check more than six months old.
§ 25-4-405 - Death or incompetence of customer.
§ 25-4-406 - Customer's duty to discover and report unauthorized signature or alteration.
§ 25-4-407 - Payor bank's right to subrogation on improper payment.
§ 25-4-502 - Presentment of "on arrival" drafts.
§ 25-4-504 - Privilege of presenting bank to deal with goods; security interest for expenses.