2010 Pennsylvania Code
Title 13 - COMMERCIAL CODE
Chapter 34 - Liability of Parties
3414 - Obligation of drawer.

     § 3414.  Obligation of drawer.
        (a)  Scope of section.--This section does not apply to
     cashier's checks or other drafts drawn on the drawer.
        (b)  Obligation of drawer if unaccepted draft is
     dishonored.--If an unaccepted draft is dishonored, the drawer is
     obliged to pay the draft:
            (1)  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
            (2)  if the drawer signed an incomplete instrument,
        according to its terms when completed, to the extent stated
        in sections 3115 (relating to incomplete instrument) and 3407
        (relating to alteration).
     The obligation is owed to a person entitled to enforce the draft
     or to an indorser who paid the draft under section 3415
     (relating to obligation of indorser).
        (c)  Draft accepted by bank.--If a draft is accepted by a
     bank, the drawer is discharged, regardless of when or by whom
     acceptance was obtained.
        (d)  Draft accepted by drawer other than bank.--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 indorser under
     section 3415(a) and (c).
        (e)  Disclaimer of liability.--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 (b) to pay the draft if the draft is not a check. A
     disclaimer of the liability stated in subsection (b) is not
     effective if the draft is a check.
        (f)  Certain protections.--If:
            (1)  a check is not presented for payment or given to a
        depositary bank for collection within 30 days after its date;
            (2)  the drawee suspends payments after expiration of the
        30-day period without paying the check; and
            (3)  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.

        Cross References.  Section 3414 is referred to in sections
     3413, 3503, 3605, 5108 of this title.

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