§490:3-309  Enforcement of lost, destroyed,
or stolen instrument.  (a)  A person not in possession of an instrument is
entitled to enforce the instrument if (i) the person was in rightful possession
of the instrument and entitled to enforce it when loss of possession occurred,
(ii) the loss of possession was not the result of a transfer by the person or a
lawful seizure, and (iii) the person cannot reasonably obtain possession of the
instrument because the instrument was destroyed, its whereabouts cannot be
determined, or it is in the wrongful possession of an unknown person or a
person that cannot be found or is not amenable to service of process.



(b)  A person seeking enforcement of an
instrument under subsection (a) must prove the terms of the instrument and the
person's right to enforce the instrument.  If that proof is made, section
490:3-308 applies to the case as if the person seeking enforcement had produced
the instrument.  The court may not enter judgment in favor of the person
seeking enforcement unless it finds that the person required to pay the
instrument is adequately protected against loss that might occur by reason of a
claim by another person to enforce the instrument.  Adequate protection may be
provided by any reasonable means. [L 1991, c 118, pt of §1]