Maine Code § 11-3-1414

Obligation of drawer
Open in Lexace · Ask the AI about this section
(1). This section does not apply to cashier's checks or other drafts drawn on the drawer.
[PL 1993, c. 293, Pt. A, §2 (NEW).]
(2). When an unaccepted draft is dishonored, the drawer is obliged to pay the draft:
(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 [PL 1993, c. 293, Pt. A, §2 (NEW).]
(b). If the drawer signed an incomplete instrument, according to its terms when completed, to the
extent stated in sections 3-1115 and 3-1407. [PL 1993, c. 293, Pt. A, §2 (NEW).]
The obligation is owed to a person entitled to enforce the draft or to an indorser who paid the draft
under section 3-1415.
[PL 1993, c. 293, Pt. A, §2 (NEW).]
(3). If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom
acceptance was obtained.
[PL 1993, c. 293, Pt. A, §2 (NEW).]
(4). When 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 under
section 3-1415, subsections (1) and (3).
[PL 1993, c. 293, Pt. A, §2 (NEW).]
(5). If a draft states that it is drawn without recourse or otherwise disclaims liability of the drawer
to pay the draft, the drawer is not liable under subsection (2) to pay the draft when the draft is not a
check. A disclaimer of the liability stated in subsection (2) is not effective if the draft is a check.
[PL 1993, c. 293, Pt. A, §2 (NEW).]
(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; [PL 1993, c. 293, Pt. A, §2 (NEW).]
(b). The drawee suspends payments after expiration of the 30-day period without paying the check;
and [PL 1993, c. 293, Pt. A, §2 (NEW).]
(c). Because of the suspension of payments, the drawer is deprived of funds maintained with the
drawee to cover payment of the check. [PL 1993, c. 293, Pt. A, §2 (NEW).]
[PL 1993, c. 293, Pt. A, §2 (NEW).]

‹ Prev All Maine sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.