Title 11, Chapter 3, Section 414
( 11-3-414)
Obligation of drawer. (a) This Code section does not apply to cashier's checks or other
drafts drawn on the drawer. (b) If an unaccepted draft is dishonored, the drawer is obliged to pay the draft (i) according to its terms at the time it was issued or, if the instrument was not issued, at the time it first came into possession of a holder; or (ii) if the drawer signed an incomplete instrument, according to the instrument's terms when completed, to the extent stated in Code Sections 11-3-115 and 11-3-407. The obligation is owed to a person entitled to enforce the draft or to an indorser who paid the draft under Code Section 11-3-415. (c) If a draft is accepted by a bank, the drawer is discharged,
regardless of when or by whom acceptance was obtained. (d) 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 subsections (a) and (c) of Code Section 11-3-415. (e) 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) of this Code section to
pay the draft if the draft is not a check. A disclaimer of the
liability stated in subsection (b) of this Code section is not
effective if the draft is a check. (f) If a check is not presented for payment or given to a depositary
bank for collection within 30 days after its date, the drawee
suspends payments after expiration of the 30 day period without
paying the check, and 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. |