North Dakota Code § 41-03-57

(3-420) Conversion of instrument
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1. The law applicable to conversion of personal property applies to instruments. An 
instrument is also converted if it is purchased 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 the issuer or acceptor of the 

instrument or by a payee or endorsee who did not receive delivery of the instrument 
either directly or through delivery to an agent or a copayee.
2. In an action under subsection 1, 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.
3. A representative, other than a depositary bank, that 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.

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