§490:3-418  Payment or acceptance by
mistake.  (a)  Except as provided in subsection (c), if the drawee of a
draft pays or accepts the draft and the drawee acted on the mistaken belief
that (i) payment of the draft had not been stopped pursuant to section
490:4-403 or (ii) 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), if
an instrument has been paid or accepted by mistake and the case is not covered
by subsection (a), the person paying or accepting may, to the extent permitted
by the law governing mistake and restitution, (i) recover the payment from the
person to whom or for whose benefit payment was made or (ii) in the case of
acceptance, may revoke the acceptance.



(c)  The remedies provided by subsection (a) or
(b) 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
490:3-417 or 490:4-407.



(d)  Notwithstanding section 490:4-215, if an
instrument is paid or accepted by mistake and the payor or acceptor recovers
payment or revokes acceptance under subsection (a) or (b), 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. [L 1991, c 118, pt of §1]