N.Y. Uniform Commercial Code 3-508 – Notice of Dishonor
Section 3–508. Notice of Dishonor.
Terms Used In N.Y. Uniform Commercial Code 3-508
- Instrument: means a negotiable instrument. See N.Y. Uniform Commercial Code 3-102
- Issue: means the first delivery of an instrument to a holder
or a remitter. See N.Y. Uniform Commercial Code 3-102
(1) Notice of dishonor may be given to any person who may be liable on the instrument by or on behalf of the holder or any party who has himself received notice, or any other party who can be compelled to pay the instrument. In addition an agent or bank in whose hands the instrument is dishonored may give notice to his principal or customer or to another agent or bank from which the instrument was received.
(2) Any necessary notice must be given by a bank before its midnight deadline and by any other person before midnight of the third business day after dishonor or receipt of notice of dishonor.
(3) Notice may be given in any reasonable manner. It may be oral or written and in any terms which identify the instrument and state that it has been dishonored. A misdescription which does not mislead the party notified does not vitiate the notice. Sending the instrument bearing a stamp, ticket or writing stating that acceptance or payment has been refused or sending a notice of debit with respect to the instrument is sufficient.
(4) Written notice is given when sent although it is not received.
(5) Notice to one partner is notice to each although the firm has been dissolved.
(6) When any party is in insolvency proceedings instituted after the issue of the instrument notice may be given either to the party or to the representative of his estate.
(7) When any party is dead or incompetent notice may be sent to his last known address or given to his personal representative.
(8) Notice operates for the benefit of all parties who have rights on the instrument against the party notified.