1. Suits outside of U.C.C. 2. Contract (on instrument due to signature) 3. Warranty (off instrument due to transfer or presentment) 4. Conversion (tort)

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Presentation transcript:

1. Suits outside of U.C.C. 2. Contract (on instrument due to signature) 3. Warranty (off instrument due to transfer or presentment) 4. Conversion (tort) 5. Arising out of banking relationship

 Instruments often issued because of underlying obligation such as:  Contract to purchase goods.  Contract to receive services.  Contract to purchase land.  Repayment of a loan.  What is interface between underlying obligation and instrument?

 If paid by certified check, cashier’s check, or teller’s check, underlying obligation discharged.

 If paid by uncertified check or note, underlying obligation is suspended.  If later paid, underlying obligation discharged.  If dishonored, holder may sue on: ▪ Underlying obligation, or ▪ Instrument.

 Problem 124 – p. 414  Problem 125 – p. 415  Problem 126 – p. 415