Alaska Statutes

Alaska Stat. § 45.03.306 (2026)

Claims to an instrument

✓ current as of July 2026
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Sec. 45.03.306. Claims to an instrument.
A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument.


Notes of Decisions
Cited in 2 cases, 1984–1992 · leading case: Jackson v. Nangle, 677 P.2d 242 (Alaska 1984).
Jackson v. Nangle, 677 P.2d 242 (Alaska 1984). “104(a)(4), AS 45.03.306(2) governs the transaction by virtue of AS 45.”
Nat'l Bank of Alaska v. Univentures 1231, 824 P.2d 1377 (Alaska 1992). “AS 45.03.306 provides: Unless the person has the rights of a holder in due course, a person takes the instrument subject to (1) all valid claims to it on the part of any person; (2) all defenses of a party which would be available in an action on a simple contract; (3) the…”
Alaska Stat. § 45.03.306(2): 1 case
Jackson v. Nangle, 677 P.2d 242 (Alaska 1984). “104(a)(4), AS 45.03.306(2) governs the transaction by virtue of AS 45.”
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