§ 4407. Right of payor bank 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. (July 9, 1992, P.L.507, No.97, eff. one year)
Cross References. Section 4407 is referred to in section 3418 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 44 - Relationship Between Payor Bank and Its Customer
Section 4401 - When bank may charge account of customer
Section 4403 - Right of customer to stop payment; burden of proof of loss
Section 4404 - Bank not obligated to pay check more than six months old
Section 4405 - Death or incapacity of customer
Section 4406 - Duty of customer to discover and report unauthorized signature or alteration
Section 4407 - Right of payor bank to subrogation on improper payment