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Session Laws, 1996
Volume 794, Page 1255   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 91

(B)     A DRAFT MAY BE ACCEPTED ALTHOUGH IT HAS NOT BEEN SIGNED BY
THE DRAWER, IS OTHERWISE INCOMPLETE, IS OVERDUE, OR HAS BEEN
DISHONORED.

(C)     IF A DRAFT IS PAYABLE AT A FIXED PERIOD AFTER SIGHT AND THE
ACCEPTOR FAILS TO DATE THE ACCEPTANCE, THE HOLDER MAY COMPLETE THE
ACCEPTANCE BY SUPPLYING A DATE IN GOOD FAITH.

(D)    "CERTIFIED CHECK" MEANS A CHECK ACCEPTED BY THE BANK ON WHICH
IT IS DRAWN. ACCEPTANCE MAY BE MADE AS STATED IN SUBSECTION (A) OR BY A
WRITING ON THE CHECK WHICH INDICATES THAT THE CHECK IS CERTIFIED. THE
DRAWEE OF A CHECK HAS NO OBLIGATION TO CERTIFY THE CHECK, AND REFUSAL
TO CERTIFY IS NOT DISHONOR OF THE CHECK

3-410.

(A)    IF THE TERMS OF A DRAWEE'S ACCEPTANCE VARY FROM THE TERMS OF
THE DRAFT AS PRESENTED, THE HOLDER MAY REFUSE THE ACCEPTANCE AND
TREAT THE DRAFT AS DISHONORED. IN THAT CASE, THE DRAWEE MAY CANCEL THE
ACCEPTANCE.

(B)     THE TERMS OF A DRAFT ARE NOT VARIED BY AN ACCEPTANCE TO PAY
AT A PARTICULAR BANK OR PLACE IN THE UNITED STATES, UNLESS THE
ACCEPTANCE STATES THAT THE DRAFT IS TO BE PAID ONLY AT THAT BANK OR
PLACE.

(C)     IF THE HOLDER ASSENTS TO AN ACCEPTANCE VARYING THE TERMS OF A
DRAFT, THE OBLIGATION OF EACH DRAWER AND INDORSER THAT DOES NOT
EXPRESSLY ASSENT TO THE ACCEPTANCE IS DISCHARGED.

3-411.

(A)    IN THIS SECTION, "OBLIGATED BANK" MEANS THE ACCEPTOR OF A
CERTIFIED CHECK OR THE ISSUER OF A CASHIER'S CHECK OR TELLER'S CHECK
BOUGHT FROM THE ISSUER.

(B)     IF THE OBLIGATED BANK WRONGFULLY (I) REFUSES TO PAY A CASHIER'S
CHECK OR CERTIFIED CHECK, (II) STOPS PAYMENT OF A TELLER'S CHECK, OR (III)
REFUSES TO PAY A DISHONORED TELLER'S CHECK, THE PERSON ASSERTING THE
RIGHT TO ENFORCE THE CHECK IS ENTITLED TO COMPENSATION FOR EXPENSES
AND LOSS OF INTEREST RESULTING FROM THE NONPAYMENT AND MAY RECOVER
CONSEQUENTIAL DAMAGES IF THE OBLIGATED BANK REFUSES TO PAY AFTER
RECEIVING NOTICE OF PARTICULAR CIRCUMSTANCES GIVING RISE TO THE
DAMAGES.

(C) EXPENSES OR CONSEQUENTIAL DAMAGES UNDER SUBSECTION (B) ARE
NOT RECOVERABLE IF THE REFUSAL OF THE OBLIGATED BANK TO PAY OCCURS
BECAUSE (I) THE BANK SUSPENDS PAYMENTS, (II) THE OBLIGATED BANK ASSERTS A
CLAIM OR DEFENSE OF THE BANK THAT IT HAS REASONABLE GROUNDS TO BELIEVE
IS AVAILABLE AGAINST THE PERSON ENTITLED TO ENFORCE THE INSTRUMENT, (III)
THE OBLIGATED BANK HAS A REASONABLE DOUBT WHETHER THE PERSON

- 1255 -

 

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Session Laws, 1996
Volume 794, Page 1255   View pdf image
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