[Previous] [Next]
§12A-3-420.
§12A-3-420.
CONVERSION OF INSTRUMENT
(a) The law applicable to conversion of personal property applies to
instruments. An instrument is also converted if it is taken by
transfer, other than a negotiation, from a person not entitled to
enforce the instrument or a bank makes or obtains payment with respect
to the instrument for a person not entitled to enforce the instrument
or receive payment. An action for conversion of an instrument may not
be brought by (i) the issuer or acceptor of the instrument or (ii) a
payee or indorsee who did not receive delivery of the instrument
either directly or through delivery to an agent or a co-payee.
(b) In an action under subsection (a) of this section, the measure of
liability is presumed to be the amount payable on the instrument, but
recovery may not exceed the amount of the plaintiff's interest in the
instrument.
(c) A representative, other than a depositary bank, who has in good
faith dealt with an instrument or its proceeds on behalf of one who
was not the person entitled to enforce the instrument is not liable in
conversion to that person beyond the amount of any proceeds that it
has not paid out.
[Previous] [Next]