Indiana Statutes
§ 26-1-4-407 — 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.
Formerly: Acts 1963, c.317, s.4-407. As amended by
P
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Related
Insurance Co. of North America v. Purdue National Bank
401 N.E.2d 708 (Indiana Court of Appeals, 1980)
Nearby Sections
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§ 26-1-1-0.3
Certain security interests considered perfected§ 26-1-1-0.5
Status of certain security interests; conditions; lapsing of perfection;
filing of financing statements§ 26-1-1-101
Short title; application§ 26-1-1-104
Construction against implicit repeal§ 26-1-1-105
Repealed§ 26-1-1-106
Remedies to be liberally administered§ 26-1-1-108
Severability