47-3418. Payment or acceptance by
mistake
A. Except as provided in subsection C of this section, if the drawee of a draft
pays or accepts the draft and the drawee acted on the mistaken belief that payment of the
draft had not been stopped pursuant to section 47-4403 or the signature of the drawer of
the draft was authorized, the drawee may recover the amount of the draft from the person
to whom or for whose benefit payment was made or, in the case of acceptance, may revoke
the acceptance. Rights of the drawee under this subsection are not affected by failure
of the drawee to exercise ordinary care in paying or accepting the draft.
B. Except as provided in subsection C of this section, if an instrument has been
paid or accepted by mistake and the case is not covered by subsection A of this section,
the person paying or accepting may, to the extent permitted by the law governing mistake
and restitution:
1. Recover the payment from the person to whom or for whose benefit payment was
made; or
2. In the case of acceptance, may revoke the acceptance.
C. The remedies provided by subsection A or B of this section may not be asserted
against a person who took the instrument in good faith and for value or who in good faith
changed position in reliance on the payment or acceptance. This subsection does not
limit remedies provided by section 47-3417 or 47-4407.
D. Notwithstanding section 47-4215, if an instrument is paid or accepted by mistake
and the payor or acceptor recovers payment or revokes acceptance under subsection A or B
of this section, the instrument is deemed not to have been paid or accepted and is
treated as dishonored, and the person from whom payment is recovered has rights as a
person entitled to enforce the dishonored instrument.
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