§ 41-03-51 — (3-414) Obligation of drawer

North Dakota § 41-03-51

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-03: Negotiable Instruments

Text

1. This section does not apply to cashier's checks or other drafts drawn on the drawer.
2. If an unaccepted draft is dishonored, the drawer is obliged to pay the draft according to
its terms at the time it was issued or, if not issued, at the time it first came into
possession of a holder, or if the drawer signed an incomplete instrument, according to
its terms when completed as stated in sections 41-03-15 and 41-03-44. The obligation
is owed to a person entitled to enforce the draft or to an endorser that paid the draft
pursuant to section 41-03-52.
3. If a draft is accepted by a bank, the drawer is discharged, regardless of when or by
whom acceptance was obtained.
4. If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay
the draft if the draft is dishonored by the acceptor is the same as the obligation of an
endorser stated in subsections 1 and 3 of section 41-03-52.
5. If a draft states that it is drawn "without recourse" or otherwise disclaims liability of the
drawer to pay the draft, the drawer is not liable under subsection 2 to pay the draft if
the draft is not a check. No disclaimer of the liability stated in subsection 2 is effective
if the draft is a check.
6. If a check is not presented for payment or given to a depositary bank for collection
within thirty days after its date, the drawee suspends payments after expiration of the
thirty-day period without paying the check, and because of the suspension of
payments the drawer is deprived of funds maintained with the drawee to cover
payment of the check, the drawer to the extent deprived of funds may discharge its

obligation to pay the check by assigning to the person entitled to enforce the check the
rights of the drawer against the drawee with respect to the funds.