Nebraska Uniform Commercial Code 3-412

UCC 3-412

3-412.

Obligation of issuer of note or cashier's check.

The issuer of a note or cashier's check or other draft drawn on the drawer is obliged to pay the instrument (i) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (ii) if the issuer signed an incomplete instrument, according to its terms when completed, to the extent stated in sections 3-115 and 3-407. The obligation is owed to a person entitled to enforce the instrument or to an indorser who paid the instrument under section 3-415.

Source

  • Laws 1991, LB 161, § 53.

Annotations

  • COMMENT

  • 1. The obligations of the maker, acceptor, drawer, and indorser are stated in four separate sections. Section 3-412 states the obligation of the maker of a note and is consistent with former section 3-413(1). Section 3-412 also applies to the issuer of a cashier's check or other draft drawn on the drawer. Under former section 3-118(a), since a cashier's check or other draft drawn on the drawer was "effective as a note", the drawer was liable under former section 3-413(1) as a maker. Under sections 3-103(a)(6) and 3-104(f) a cashier's check or other draft drawn on the drawer is treated as a draft to reflect common commercial usage, but the liability of the drawer is stated by section 3-412 as being the same as that of the maker of a note rather than that of the drawer of a draft. Thus, section 3-412 does not in substance change former law.

  • 2. Under section 3-105(b) nonissuance of either a complete or incomplete instrument is a defense by a maker or drawer against a person that is not a holder in due course.

  • 3. The obligation of the maker may be modified in the case of alteration if, under section 3-406, the maker is precluded from asserting the alteration.