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355.3-415 Obligation of indorser.
(1)
(2)
(3)
(4)
(5)
Subject to subsections (2), (3), (4), and (5) of this section and to KRS 355.3-419(4),
if an instrument is dishonored, an indorser is obliged to pay the amount due on the
instrument:
(a) According to the terms of the instrument at the time it was indorsed; or
(b) If the indorser indorsed an incomplete instrument, according to its terms when
completed, to the extent stated in KRS 355.3-115 and 355.3-407.
The obligation of the indorser is owed to a person entitled to enforce the instrument
or to a subsequent indorser who paid the instrument under this section.
If an indorsement states that it is made "without recourse" or otherwise disclaims
liability of the indorser, the indorser is not liable under subsection (1) of this section
to pay the instrument.
If notice of dishonor of an instrument is required by KRS 355.3-503 and notice of
dishonor complying with that section is not given to an indorser, the liability of the
indorser under subsection (1) of this section is discharged.
If a draft is accepted by a bank after an indorsement is made, the liability of the
indorser under subsection (1) of this section is discharged.
If an indorser of a check is liable under subsection (1) of this section and the check
is not presented for payment, or given to a depositary bank for collection, within
thirty (30) days after the day the indorsement was made, the liability of the indorser
under subsection (1) of this section is discharged.
Effective: January 1, 1997
History: Repealed and reenacted 1996 Ky. Acts ch. 130, sec. 53, effective January 1,
1997. -- Created 1958 Ky. Acts ch. 77, sec. 3-415, effective July 1, 1960.
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