336.4-207 TRANSFER WARRANTIES.
(a) A customer or collecting bank that transfers an item and receives a settlement or other
consideration warrants to the transferee and to any subsequent collecting bank that:
(1) the warrantor is a person entitled to enforce the item;
(2) all signatures on the item are authentic and authorized;
(3) the item has not been altered;
(4) the item is not subject to a defense or claim in recoupment (section
party that can be asserted against the warrantor;
(5) the warrantor has no knowledge of any insolvency proceeding commenced with respect
to the maker or acceptor or, in the case of an unaccepted draft, the drawer; and
(6) with respect to any remotely-created item, the person on whose account the item is drawn
authorized the issuance of the item in the amount for which the item is drawn.
(b) If an item is dishonored, a customer or collecting bank transferring the item and receiving
settlement or other consideration is obliged to pay the amount due on the item (i) according to
the terms of the item at the time it was transferred, or (ii) if the transfer was of an incomplete
item, according to its terms when completed as stated in sections
obligation of a transferor is owed to the transferee and to any subsequent collecting bank that
takes the item in good faith. A transferor cannot disclaim its obligation under this subsection by
an endorsement stating that it is made "without recourse" or otherwise disclaiming liability.
(c) A person to whom the warranties under subsection (a) are made and who took the item in
good faith may recover from the warrantor as damages for breach of warranty an amount equal to
the loss suffered as a result of the breach, but not more than the amount of the item plus expenses
and loss of interest incurred as a result of the breach.
(d) The warranties stated in subsection (a) cannot be disclaimed with respect to checks.
Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after
the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is
discharged to the extent of any loss caused by the delay in giving notice of the claim.
(e) A cause of action for breach of warranty under this section accrues when the claimant
has reason to know of the breach.
(f) A claim for breach in the warranty in subsection (a)(6) is available against a previous
transferor of the item only to the extent that under applicable law (including the applicable
choice-of-law principles) all previous transferors of the item made the warranty in subsection
History: 1965 c 811 s 336.4-207; 1986 c 444; 1992 c 565 s 89; 2003 c 81 art 2 s 2; 2004
c 162 art 7 s 3