Section 45.03.415. Obligation of endorser.

   (a) Subject to (b) - (e) of this section and AS 45.03.419(d), if an instrument is dishonored an endorser is obliged to pay the amount due on the instrument according to the terms of the instrument at the time it was endorsed or, if the endorser endorsed an incomplete instrument, according to its terms when completed to the extent stated in AS 45.03.115 and 45.03.407. The obligation of the endorser is owed to a person entitled to enforce the instrument or to a subsequent endorser who paid the instrument under this section.
   (b) If an endorsement states that it is made "without recourse" or otherwise disclaims liability of the endorser, the endorser is not liable under (a) of this section to pay the instrument.
   (c) If notice of dishonor of an instrument is required by AS 45.03.503 and notice of dishonor complying with that section is not given to an endorser, the liability of the endorser under (a) of this section is discharged.
   (d) If a draft is accepted by a bank after an endorsement is made, the liability of the endorser under (a) of this section is discharged.
   (e) If an endorser of a check is liable under (a) of this section and the check is not presented for payment or given to a depositary bank for collection within 30 days after the date the endorsement was made, the liability of the endorser under (a) of this section is discharged.

Authorities

45.03.412;45.03.414;45.03.503

Notes

References

AS 45.03.412 Obligation of issuer of note or cashier's check.
AS 45.03.414 Obligation of drawer.
AS 45.03.503 Notice of dishonor.

History

(Sec. 3.415 ch 114 SLA 1962; am Sec. 62 ch 35 SLA 1993)