Michigan Compiled Laws

Mich. Comp. Laws § 440.5110 (2026)

Warranties on presentment or transfer.

✓ current as of July 2026

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UNIFORM COMMERCIAL CODE

Act 174 of 1962

440.5110 Warranties on presentment or transfer.

Sec. 5110.

(1) If presentation is honored, the beneficiary warrants:

(a) To the issuer, any other person to whom presentation is made, and the applicant that there is no fraud or forgery of the kind described in section 5109(1).

(b) To the applicant that the drawing does not violate any agreement between the applicant and beneficiary or any other agreement intended by them to be augmented by the letter of credit.

(2) The warranties in subsection (1) are in addition to warranties arising under articles 3, 4, 7, and 8 because of the presentation or transfer of documents covered by any of those articles.

History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1998, Act 488, Imd. Eff. Jan. 4, 1999

Notes of Decisions

Cited in 3 cases, 2002–2008 · leading case: Krause v. Stroh Brewery Co., 240 F. Supp. 2d 632 (E.D. Mich. 2002).

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Krause v. Stroh Brewery Co., 240 F. Supp. 2d 632 (E.D. Mich. 2002). · cites it 2× “Article 5 includes a one-year statute of limitations period for any “action to enforce a right or obligation arising under this article” See Mich. Comp. Laws § 440.5115 . Article 5 also provides a cause of action for wrongfully collecting on a letter of credit.”

Alhadeff v. Meridian on Bainbridge Island, LLC, 185 P.3d 1197 (Wash. Ct. App. 2008). “2d at 635 (citing Mich. Comp. Laws § 440.5110 (1)(b)). It held that the shareholders' breach of contract, unjust enrichment, and promissory estoppel claims arose under the letter of credit agreement and were barred by Article 5's one-year statute of limitations.”

Alhadeff v. Meridian on Bainbridge Island, LLC, 144 Wash. App. 928 (Wash. Ct. App. 2008). “2d at 635 (citing Mich. Comp. Laws § 440.5110 (1)(b)). It held that the shareholders’ breach of contract, unjust enrichment, and promissory estoppel claims arose under the letter of credit agreement and were barred by Article 5’s one-year statute of limitations.”

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