Mississippi Code
Miss. Code Ann. § 75-4-205 (2026)
Depositary bank holder of unindorsed item
✓ current as of July 2026
If a customer delivers an item to a depositary bank for collection:
- (1) The depositary bank becomes a holder of the item at the time it receives the item for collection if the customer at the time of delivery was a holder of the item, whether or not the customer indorses the item, and, if the bank satisfies the other requirements of Section 75-3-302, it is a holder in due course; and
- (2) The depositary bank warrants to collecting banks, the payor bank or other payor, and the drawer that the amount of the item was paid to the customer or deposited to the customer's account.
Codes, 1942, § 41A:4-205; Laws, 1966, ch. 316, § 4-205; Laws, 1992, ch. 420, § 87, eff. 1/1/1993.
Notes of Decisions
Cited in 1
case, 2004–2004 · leading case: Holifield v. BancorpSouth, Inc., 891 So. 2d 241 (Miss. Ct. App. 2004).
Holifield v. BancorpSouth, Inc., 891 So. 2d 241 (Miss. Ct. App. 2004). “Miss.Code Ann. § 75-4-205(1) (Rev.2002). The conditions included that there not be an apparent forgery or alteration to the instrument, that it not be "so irregular or incomplete as to call into question its authenticity," and the bank took the check for value, in good faith,…”
Miss. Code Ann. § 75-4-205(1): 1 case
Holifield v. BancorpSouth, Inc., 891 So. 2d 241 (Miss. Ct. App. 2004). “Miss.Code Ann. § 75-4-205(1) (Rev.2002). The conditions included that there not be an apparent forgery or alteration to the instrument, that it not be "so irregular or incomplete as to call into question its authenticity," and the bank took the check for value, in good faith,…”
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