403.415 Obligation of endorser.
(1) Subject to subs. (2) to (5) and to s. 403.419 (4), if an instrument is dishonored, an endorser is obliged to pay the amount due on the instrument according to the terms of the instrument at the time that it was endorsed, or if the endorser endorsed an incomplete instrument, according to its terms when completed, to the extent stated in ss. 403.115 and 403.407. 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 sub. (1) to pay the instrument.
(3) If notice of dishonor of an instrument is required by s. 403.503 and notice of dishonor complying with that section is not given to an endorser, the liability of the endorser under sub. (1) is discharged.
(4) If a draft is accepted by a bank after an endorsement is made, the liability of the endorser under sub. (1) is discharged.
(5) If an endorser of a check is liable under sub. (1) and the check is not presented for payment, or given to a depositary bank for collection, within 30 days after the day on which the endorsement was made, the liability of the endorser under sub. (1) is discharged.
History: 1995 a. 449.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 403 - Uniform commercial code — negotiable instruments.
403.104 - Negotiable instrument.
403.105 - Issue of instrument.
403.106 - Unconditional promise or order.
403.107 - Instrument payable in foreign money.
403.108 - Payable on demand or at definite time.
403.109 - Payable to bearer or to order.
403.110 - Identification of person to whom instrument is payable.
403.114 - Contradictory terms of instrument.
403.115 - Incomplete instrument.
403.116 - Joint and several liability; contribution.
403.117 - Other agreements affecting instrument.
403.118 - Statute of limitations.
403.119 - Notice of right to defend action.
403.202 - Negotiation subject to rescission.
403.203 - Transfer of instrument; rights acquired by transfer.
403.205 - Special endorsement; blank endorsement; anomalous endorsement.
403.206 - Restrictive endorsement.
403.301 - Person entitled to enforce instrument.
403.302 - Holder in due course.
403.303 - Value and consideration.
403.305 - Defenses and claims in recoupment.
403.306 - Claims to an instrument.
403.307 - Notice of breach of fiduciary duty.
403.308 - Proof of signatures and status as holder in due course.
403.309 - Enforcement of lost, destroyed or stolen instrument.
403.310 - Effect of instrument on obligation for which taken.
403.311 - Accord and satisfaction by use of instrument.
403.312 - Lost, destroyed or stolen cashier's check, teller's check or certified check.
403.402 - Signature by representative.
403.403 - Unauthorized signature.
403.404 - Impostors; fictitious payees.
403.405 - Employer's responsibility for fraudulent endorsement by employee.
403.406 - Negligence contributing to forged signature or alteration of instrument.
403.408 - Drawee not liable on unaccepted draft.
403.409 - Acceptance of draft; certified check.
403.410 - Acceptance varying draft.
403.411 - Refusal to pay cashier's checks, teller's checks and certified checks.
403.412 - Obligation of issuer of note or cashier's check.
403.413 - Obligation of acceptor.
403.414 - Obligation of drawer.
403.415 - Obligation of endorser.
403.416 - Transfer warranties.
403.417 - Presentment warranties.
403.418 - Payment or acceptance by mistake.
403.419 - Instruments signed for accommodation.
403.420 - Conversion of instrument.
403.504 - Excused presentment and notice of dishonor.
403.505 - Evidence of dishonor.
403.601 - Discharge and effect of discharge.