Title 11, Chapter 3, Section 420
( 11-3-420)
Conversion of instrument. (a) The law applicable to conversion of personal property applies to
instruments. An instrument is also converted if it is taken by
transfer, other than a negotiation, from a person not entitled to
enforce the instrument or a bank makes or obtains payment with
respect to the instrument for a person not entitled to enforce the
instrument or receive payment. An action for conversion of an
instrument may not be brought by (i) the issuer or acceptor of the
instrument; or (ii) a payee or indorsee who did not receive delivery
of the instrument either directly or through delivery to an agent or
a co-payee. (b) In an action under subsection (a) of this Code section, the
measure of liability is presumed to be the amount payable on the
instrument, but recovery may not exceed the amount of the
plaintiff's interest in the instrument. (c) A representative, other than a depositary bank, who has in good
faith dealt with an instrument or its proceeds on behalf of one who
was not the person entitled to enforce the instrument is not liable
in conversion to that person beyond the amount of any proceeds that
it has not paid out. |