Legislation
SECTION 3-305
Rights of a Holder in Due Course
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 3, PART 3
Section 3--305. Rights of a Holder in Due Course.
To the extent that a holder is a holder in due course he takes the
instrument free from
(1) all claims to it on the part of any person; and
(2) all defenses of any party to the instrument with whom the holder
has not dealt except
(a) infancy, to the extent that it is a defense to a simple
contract; and
(b) such other incapacity, or duress, or illegality of the
transaction, as renders the obligation of the party a
nullity; and
(c) such misrepresentation as has induced the party to sign the
instrument with neither knowledge nor reasonable opportunity
to obtain knowledge of its character or its essential terms;
and
(d) discharge in insolvency proceedings; and
(e) any other discharge of which the holder has notice when he
takes the instrument.
To the extent that a holder is a holder in due course he takes the
instrument free from
(1) all claims to it on the part of any person; and
(2) all defenses of any party to the instrument with whom the holder
has not dealt except
(a) infancy, to the extent that it is a defense to a simple
contract; and
(b) such other incapacity, or duress, or illegality of the
transaction, as renders the obligation of the party a
nullity; and
(c) such misrepresentation as has induced the party to sign the
instrument with neither knowledge nor reasonable opportunity
to obtain knowledge of its character or its essential terms;
and
(d) discharge in insolvency proceedings; and
(e) any other discharge of which the holder has notice when he
takes the instrument.