Title 11, Chapter 4, Section 407
( 11-4-407)
Payor bank's right to subrogation on improper payment. If a payor bank has paid an item over the order of the drawer or
maker to stop payment, or after an account has been closed, or
otherwise under circumstances giving a basis for objection by the
drawer or maker, to prevent unjust enrichment and only to the extent
necessary to prevent loss to the bank by reason of its payment of
the item, the payor bank is subrogated to the rights: (1) Of any holder in due course on the item against the drawer or
maker; (2) Of the payee or any other holder of the item against the
drawer or maker either on the item or under the transaction out of
which the item arose; and (3) Of the drawer or maker against the payee or any other holder
of the item with respect to the transaction out of which the item
arose. |