440.4302 Payor bank; accountability upon presentment and receipt of item; defenses.
206 words·~1 min read·
/mi/chapter-440/440-4302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
440.4302 Payor bank; accountability upon presentment and receipt of item; defenses.
Sec. 4302.
(1)If an item is presented on and received by a payor bank the bank is accountable for the amount of the following:
(a)A demand item other than a documentary draft whether properly payable or not if the bank, in any case where it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, regardless of whether it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline.
(b)Any other properly payable item unless within the time allowed for acceptance or payment of that item the bank either accepts or pays the item or returns it and accompanying documents.
(2)The liability of a payor bank to pay an item pursuant to subsection
(1)is subject to defenses based on breach of a presentment warranty (section 4208) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank.
History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1993, Act 130, Eff. Sept. 30, 1993