State Codes and Statutes

Statutes > Connecticut > Title42a > Art003 > Sec42a-3-414

      Sec. 42a-3-414. Obligation of drawer. (a) This 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 not issued, at the time it first came into possession of a holder, or (ii) if the drawer signed an incomplete instrument, according to its terms when completed, to the extent stated in sections 42a-3-115 and 42a-3-407. The obligation is owed to a person entitled to enforce the draft or to an endorser who paid the draft under section 42a-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 endorser under subsections (a) and (c) of section 42a-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) to pay the draft if the draft is not a check. A disclaimer of the liability stated in subsection (b) is not effective if the draft is a check.

      (f) If (i) a check is not presented for payment or given to a depositary bank for collection within thirty days after its date, (ii) the drawee suspends payments after expiration of the thirty-day period without paying the check, and (iii) 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.

      (1959, P.A. 133, S. 3-414; P.A. 91-304, S. 51.)

      History: P.A. 91-304 entirely replaced former provisions re contract of endorser to pay the instrument with provisions re obligation of drawer.

      See Sec. 42a-3-415(a) and (b) for successor provisions to Sec. 42a-3-414(1), revised to 1991, re obligation of endorser upon dishonor.

      Annotations to former statutes:

      (1958 Rev., S. 39-39): Parol evidence inadmissible to show absolute endorsement was intended to be "without recourse". 92 C. 592. Power of equity to reform. Id.

      (1958 Rev., S. 39-67): Contract cannot be varied by parol. 79 C. 626; But see 73 C. 103. Contracts prior to this act. 74 C. 309. Cited. 94 C. 497. Cited. 97 C. 315. Omission to notify endorser of installment note of default on installments does not discharge him from liability on later installments when he is notified. 103 C. 507; 121 C. 146. Warranty of endorser of nonnegotiable note. 111 C. 69; 116 C. 423. Liability of endorser on any particular installment of note due and unpaid is same as on separate note falling due on that date. 111 C. 570; 121 C. 145. "Guarantee payment" as equivalent to undertaking of endorser. 117 C. 21. Accommodation endorser who endorsed without qualification before delivery liable on warranties to purchaser for value, although payee did not endorse. 124 C. 177.

      (1958 Rev., S. 39-69): Cited. 97 C. 316. Cited. 101 C. 468. Cited. 111 C. 663. Applies to accommodation endorsers. 117 C. 20. Such parties may agree to be liable jointly as cosureties and such agreement may be proved by parol. Id., 22.

      Annotations to present section:

      Cited. 202 C. 277.

      Cited. 32 CS 178; Id., 180. Cited. 33 CS 182.

      Former Subsec. (1):

      Cited. 193 C. 304. Cited. 203 C. 394.

      Cited. 33 CS 181.