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 Payee or later holder indorses a note or check.  Happens automatically regardless of indorser’s intent.

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Presentation on theme: " Payee or later holder indorses a note or check.  Happens automatically regardless of indorser’s intent."— Presentation transcript:

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2  Payee or later holder indorses a note or check.  Happens automatically regardless of indorser’s intent.

3  Secondary Liability Three conditions precedent must occur before the holder can sue the indorser.

4  Note – holder previously presented to maker.  Draft (e.g., check) – holder previously presented to drawee (e.g., bank on which the check is drawn; the drawer’s bank).  Must be done within 30 days of indorsement.

5  Note – Maker refuses to pay.  Draft (e.g., check) – Drawee refuses to pay (e.g., the check bounces for insufficient funds, closed account, etc.).

6  General Rule = Indorser is given notice of the dishonor within 30 days of the dishonor.  Collecting Bank = Indorser is given notice of the dishonor by the midnight deadline.

7  An indorser may disclaim liability by including the phrase “without recourse” in the indorsement.

8  Presumed liable in order of signatures.  Sue prior indorsers for payment.  Liable to later indorsers.

9 DrawerPayee – I1 BigelowSnow Bascombe – I2 Drawee Jordan State Bank – I3 Rogers An indorser in chain of title is a sub-surety and can recover all from earlier indorser.

10 MakerBank CharliePayee Lucy – I1 Schroeder – I2 Pig Pen – I3 Patty – I4 An indorser not in chain of title is a co-surety and is only entitled to contribution.

11 MakerIvory MarianPayee “Without recourse” Friendly Loan Co.


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