186

LAWS OF MARYLAND

[Ch. 49

obligation for which a third person is answerable over
under this [subtitle] TITLE he may give the third person
written notice of the litigation, and the person notified
may then give similar notice to any other person who is
answerable over to him under this [subtitle] TITLE. If
the notice states that the person notified may come in
and defend and that if the person notified does not do so
he will in any action against his by the person giving
the notice be bound by any determination of fact common
to the two litigations, then unless after seasonable
receipt of the notice the person notified does come in
and defend he is so bound.

3—804. Lost, destroyed or stolen instruments.

The owner of an instrument which is lost, whether by
destruction, theft or otherwise, may maintain an action
in his own name and recover from any party liable thereon
upon due proof of his ownership, the facts which prevent
his production of the instrument and its terms. The
court may require security indemnifying the defendant
against loss by reason of further claims on the
instrument.

3—805. Instruments not payable to order or to bearer.

This [subtitle] TITLE applies to any instrument
whose terms do not [include] PRECLUDE transfer and which
is otherwise negotiable within this [subtitle] TITLE but
which is not payable to order or to bearer, except that
there can be no holder in due course of such an
instrument.

TITLE 4. BANK DEPOSITS AND COLLECTIONS.

SUBTITLE 1. GENERAL PROVISIONS AND DEFINITIONS.

4-101. Short title.

This [subtitle] TITLE shall be known and may be
cited as MARYLAND Uniform Commercial Code—Bank Deposits
and Collections.

4-102. Applicability.

(1)   To the extent that items within this [subtitle]
TITLE are also within the scope of [subtitles] TITLES 3
and 8, they are subject to the provisions of those
[subtitles] TITLES. In the event of conflict the
provisions of this [subtitle] TITLE govern those of
[subtitle] TITLE 3 but the provisions of [subtitle] TITLE
8 govern those of this [subtitle] TITLE.

(2)    The liability of a bank for action or