Michigan Compiled Laws

Mich. Comp. Laws § 440.3412 (2026)

Note, cashier's check, or other draft; obligation of issuer to pay according to terms.

✓ current as of July 2026

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UNIFORM COMMERCIAL CODE

Act 174 of 1962

440.3412 Note, cashier's check, or other draft; obligation of issuer to pay according to terms.

Sec. 3412.

The issuer of a note or cashier's check or other draft drawn on the drawer is obliged to pay the instrument (i) 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 (ii) if the issuer signed an incomplete instrument, according to its terms when completed, to the extent stated in sections 3115 and 3407. The obligation is owed to a person entitled to enforce the instrument or to an endorser who paid the instrument under section 3415.

History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1964, Act 250, Eff. Aug. 28, 1964 ;-- Am. 1993, Act 130, Eff. Sept. 30, 1993

Notes of Decisions

Cited in 5 cases, 2008–2018 · leading case: Dugan v. Vlcko, 307 F. Supp. 3d 684 (E.D. Mich. 2018).

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Dugan v. Vlcko, 307 F. Supp. 3d 684 (E.D. Mich. 2018). “at *5 (citing MCL 440.3412 ). Defendant cites no other authority finding that breach of contract claims are generally preempted for promissory notes like the one at issue here, is not a cashier's checks.”

Kenneth White v. JPMorgan Chase Bank, NA, 521 F. App'x 425 (6th Cir. 2013). “Mich. Comp. Laws § 440.3412 . However, the bank’s duty to pay the cashier’s check according to its terms is owed only to the individual or entity entitled to enfoi’ce the note.”

NNDJ, INC. v. Nat'l City Bank, 540 F. Supp. 2d 851 (E.D. Mich. 2008). · cites it 2× “UCC §§ 3-412, 3-413, and 3-414 as adopted by the state of Michigan appear at MCL §§ 440.3412, 440.3413, 440.3414.”

State Bank v. Dale M Smith (Mich. Ct. App. 2014). · cites it 6× “Plaintiff argues that MCL 440.3412 obligates Chase to pay the cashier’s check “regardless of whether or not it actually issued the item because [plaintiff] is a holder in due course.”

NNDJ, INC. v. Comerica Inc., 570 F. Supp. 2d 940 (E.D. Mich. 2008). “…bank, or (ii) payable at or through a bank.” UCC § 3-104(h). 2 . This section as been adopted in Michigan as M.C.L. § 440.3412.”

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