Montana Code 30-3-423. Obligation of drawer
30-3-423. Obligation of drawer. (1) If an unaccepted draft is dishonored, the drawer is obliged to pay the draft:
Terms Used In Montana Code 30-3-423
- Acceptor: means a drawee that has accepted a draft. See Montana Code 30-3-102
- Drawee: means a person ordered in a draft to make payment. See Montana Code 30-3-102
- Drawer: means a person that signs a draft as a person ordering payment. See Montana Code 30-3-102
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
(a)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
(b)if the drawer signed an incomplete instrument, according to its terms when completed as stated in 30-3-115 and 30-3-407.
(2)The obligation is owed to a person entitled to enforce the draft or to an indorser that paid the draft pursuant to 30-3-414.
(3)If a draft is accepted by a bank and the acceptor dishonors the draft, the drawer has no obligation to pay the draft because of the dishonor, regardless of when or by whom acceptance was obtained.
(4)If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an indorser stated in 30-3-414(1) and (3).
(5)Words in a draft indicating that the draft is drawn without recourse are effective to disclaim all liability of the drawer to pay the draft if the draft is not a check, but they are not effective to disclaim the obligation stated in subsection (1) if the draft is a check.
(6)The drawer to the extent deprived of funds may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds if:
(a)a check is not presented for payment or given to a depositary bank for collection within 30 days after its date;
(b)the drawee suspends payments after expiration of the 30-day period without paying the check; and
(c)because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check.