§ 41-03-54 — (3-417) Presentment warranties

North Dakota § 41-03-54

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

Text

1. If an unaccepted draft is presented to the drawee for payment or acceptance and the
drawee pays or accepts the draft, the person obtaining payment or acceptance, at the
time of presentment, and a previous transferor of the draft, at the time of transfer,
warrant to the drawee making payment or accepting the draft in good faith that:
a. The warrantor is or was, at the time the warrantor transferred the draft, a person
entitled to enforce the draft or authorized to obtain payment or acceptance of the
draft on behalf of a person entitled to enforce the draft.
b. The draft has not been altered.
c. The warrantor has no knowledge that the signature of the purported drawer of the
draft is unauthorized.
d. If the draft is a demand draft, creation of the demand draft according to the terms
on its face was authorized by the person identified as drawer.
2. A drawee making payment may recover from any warrantor damages for breach of
warranty equal to the amount paid by the drawee less the amount the drawee received
or is entitled to receive from the drawer because of the payment. In addition, the
drawee is entitled to compensation for expenses and loss of interest resulting from the
breach. The right of the drawee to recover damages under this subsection is not
affected by any failure of the drawee to exercise ordinary care in making payment. If
the drawee accepts the draft, breach of warranty is a defense to the obligation of the
acceptor. If the acceptor makes payment with respect to the draft, the acceptor is
entitled to recover from any warrantor for breach of warranty the amounts stated in the
first two sentences of this subsection.
3. If a drawee asserts a claim for breach of warranty under subsection 1 based on an
unauthorized endorsement of the draft or an alteration of the draft, the warrantor may
defend by proving that the endorsement is effective under section 41-03-41 or
41-03-42 or the drawer is precluded under section 41-03-43 or 41-04-37 from
asserting against the drawee the unauthorized endorsement or alteration.
4. If a dishonored draft is presented for payment to the drawer or an endorser or any
other instrument is presented for payment to a party obliged to pay the instrument, and
payment is received, the following rules apply:
a. The person obtaining payment and a prior transferor of the instrument warrant to
the person making payment in good faith that the warrantor is or was, at the time
the warrantor transferred the instrument, a person entitled to enforce the
instrument or authorized to obtain payment on behalf of a person entitled to
enforce the instrument.
b. The person making payment may recover from any warrantor for breach of
warranty an amount equal to the amount paid plus expenses and loss of interest
resulting from the breach.
5. The warranties stated in subsections 1 and 4 cannot be disclaimed with respect to
checks. Unless notice of a claim for breach of warranty is given to the warrantor within
thirty days after the claimant has reason to know of the breach and the identity of the
warrantor, the liability of the warrantor under subsection 2 or 4 is discharged to the
extent of any loss caused by the delay in giving notice of the claim.
6. A cause of action for breach of warranty under this section accrues when the claimant
has reason to know of the breach.
7. A demand draft is a check, as provided in subsection 6 of section 41-03-04.
8. If the warranty in subdivision d of subsection 1 is not given by a transferor under
applicable conflict of law rules, then the warranty is not given to that transferor when
that transferor is a transferee.