Title 11, Chapter 4, Section 207
( 11-4-207)
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 (subsection (a) of Code Section 11-3-305) of any party that can be asserted against the warrantor; and (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. (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 according to the terms of the item at the time it was transferred, or, if the transfer was of an incomplete item, according to its terms when completed as stated in Code Sections 11-3-115 and 11-3-407. The 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 indorsement stating that it is made "without recourse" or otherwise disclaiming liability. (c) A person to whom the warranties under subsection (a) of this
Code section 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) of this Code section
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 Code section
accrues when the claimant has reason to know of the breach. |