UNIFORM COMMERCIAL CODE
Act 174 of 1962
440.4207 Warranties of customer and collecting bank on transfer of items; accrual of cause of action.
Sec. 4207.
(1) A customer or collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to any subsequent collecting bank all of the following:
(a) That the warrantor is a person entitled to enforce the item.
(b) That all signatures on the item are authentic and authorized.
(c) That the item has not been altered.
(d) That the item is not subject to a defense or claim in recoupment under section 3305(1) of any party that can be asserted against the warrantor.
(e) That the warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer.
(f) With respect to any remotely created consumer item, that the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn.
(2) If an item is dishonored, a customer or collecting bank transferring the item and receiving settlement or other consideration is obliged to pay the amount due on the item (i) according to the terms of the item at the time it was transferred, or (ii) if the transfer was of an incomplete item, according to its terms when completed as stated in sections 3115 and 3407. The obligation of a transferor is owed to the transferee and to any subsequent collecting bank that takes the item in good faith. A transferor cannot disclaim its obligation under this subsection by an endorsement stating that it is made "without recourse" or otherwise disclaiming liability.
(3) A person to whom the warranties under subsection (1) are made and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the item plus expenses and loss of interest incurred as a result of the breach.
(4) The warranties stated in subsection (1) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim.
(5) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1993, Act 130, Eff. Sept. 30, 1993 ;-- Am. 2014, Act 103, Imd. Eff. Apr. 10, 2014
Notes of Decisions
Cont'l Cas. Co. v. Huron Valley Nat'l Bank, 271 N.W.2d 218 (Mich. Ct. App. 1978).
· cites it 2× “On appeal plaintiff concedes that the implied warranty of good title, MCL 440.4207; MSA 19.4207, does not run in favor of a payee.”
Comerica Bank v. Michigan Nat'l Bank, 536 N.W.2d 298 (Mich. Ct. App. 1995).
“Defendant’s liability was predicated on UCC 4-207(1), MCL 440.4207(1), MSA 19.4207(1), which provided in relevant part: Each customer or collecting bank who obtains payment or acceptance of an item and each prior customer and collecting bank warrants to the payor bank or other…”
Mut. Sav. & Loan v. Nat'l Bank of Detroit, 462 N.W.2d 797 (Mich. Ct. App. 1990).
“It contends Mutual breached its presentment and transfer warranties under §4-207 by failing to obtain an authorized signature and by presenting an item outside the chain of title.”
People v. Lyndell Robinson, 179 N.W.2d 239 (Mich. Ct. App. 1970).
· cites it 4× “See MCLA §440.4207(1) (a) (Stat Ann 1964 Bev § 19.”
Wesseling & Brackmann Pc v. Huntington Bancshares Fin. Corp (Mich. Ct. App. 2018).
· cites it 5× “116(C)(8) and (10), it argued that MCL 440.4207, Michigan’s version of the Uniform Commercial Code (UCC) § 4-207, barred recovery because plaintiff breached its warranty that the cashier’s check it deposited was authentic, and defendant accepted the check in good faith.”
Wesseling & Brackmann Pc v. Huntington Bancshares Fin. Corp (Mich. Ct. App. 2018).
· cites it 5× “116(C)(8) and (10), it argued that MCL 440.4207, Michigan’s version of the Uniform Commercial Code (UCC) § 4-207, barred recovery because plaintiff breached its warranty that the cashier’s check it deposited was authentic, and defendant accepted the check in good faith.”
In re Broucek, 341 B.R. 623 (Bankr. W.D. Mich. 2006).
· cites it 5× “Similarly, MCLA § 440.4207 states: (1) A customer or collecting bank that transfers an item and receives settlement or other consideration warrants to the transferee and to any subsequent collecting bank all of the following: (a) That the warrantor is a person entitled to…”
— Mich. Comp. Laws § 440.4207(1) — 3 cases
Comerica Bank v. Michigan Nat'l Bank, 536 N.W.2d 298 (Mich. Ct. App. 1995).
“Defendant’s liability was predicated on UCC 4-207(1), MCL 440.4207(1), MSA 19.4207(1), which provided in relevant part: Each customer or collecting bank who obtains payment or acceptance of an item and each prior customer and collecting bank warrants to the payor bank or other…”
— Mich. Comp. Laws § 440.4207(1)(d) — 1 case
In re Broucek, 341 B.R. 623 (Bankr. W.D. Mich. 2006).
“Similarly, MCLA § 440.4207 states: (1) A customer or collecting bank that transfers an item and receives settlement or other consideration warrants to the transferee and to any subsequent collecting bank all of the following: (a) That the warrantor is a person entitled to…”
— Mich. Comp. Laws § 440.4207(4) — 1 case
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