Legislation
SECTION 4-407
Payor Bank's Right to Subrogation on Improper Payment
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 4, PART 4
Section 4--407. Payor Bank's Right to Subrogation on Improper Payment.
If a payor bank has paid an item over the stop payment order of the
drawer or maker or otherwise under circumstances giving a basis for
objection by the drawer or maker, to prevent unjust enrichment and only
to the extent necessary to prevent loss to the bank by reason of its
payment of the item, the payor bank shall be subrogated to the rights
(a) of any holder in due course on the item against the drawer or
maker; and
(b) of the payee or any other holder of the item against the
drawer or maker either on the item or under the transaction
out of which the item arose; and
(c) of the drawer or maker against the payee or any other holder
of the item with respect to the transaction out of which the
item arose.
If a payor bank has paid an item over the stop payment order of the
drawer or maker or otherwise under circumstances giving a basis for
objection by the drawer or maker, to prevent unjust enrichment and only
to the extent necessary to prevent loss to the bank by reason of its
payment of the item, the payor bank shall be subrogated to the rights
(a) of any holder in due course on the item against the drawer or
maker; and
(b) of the payee or any other holder of the item against the
drawer or maker either on the item or under the transaction
out of which the item arose; and
(c) of the drawer or maker against the payee or any other holder
of the item with respect to the transaction out of which the
item arose.