R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 6A-3-408 (2026)

Drawee not liable on unaccepted draft

✓ current as of July 2026
Find cases: SyfertCases citing this section RI-LEGwebserver.rilegislature.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until the drawee accepts it.

Notes of Decisions
Cited in 5 cases, 1968–1989 · leading case: In Re DiMartino, 108 B.R. 394 (D.R.I. 1989).
Sort: Relevance Newest Treatment
In Re DiMartino, 108 B.R. 394 (D.R.I. 1989). · cites it 2× “FAILURE OF CONSIDERATION R.I.Gen.Laws § 6A-3-408 (1985), states in relevant part that "[w]ant or failure of consideration is a defense as against any person not having the rights of a holder in due course (§ 6A-3-305), .”
Washington Trust Co. v. Fatone, 244 A.2d 848 (R.I. 1968). “— Unless he has the rights of a holder in due course any person takes the instrument subject to (a) * * * (b) * * * (e) the defenses of want or failure of consideration, non-performance of any condition precedent, non-delivery, or delivery for a special purpose (§6A-3-408) * * 5…”
850 Aquidneck Avenue Assocs. v. Aquidneck Court Assocs. (In re DiMartino), 108 B.R. 394 (D.R.I. 1989). · cites it 2× “FAILURE OF CONSIDERATION R.I.Gen.Laws § 6A-3-408 (1985), states in relevant part that “[wjant or failure of consideration is a defense as against any person not having the rights of a holder in due course (§ 6A-3-305), .”
850 Aquidneck Avenue Assocs. v. Aquidneck Court Assocs. (In re DiMartino), 97 B.R. 139 (D.R.I. 1989). “LAWS § 6A-3-408 (1956, reenactment 1985), entitled “Consideration,” states in relevant part that “[w]ant or failure of consideration is a defense as against any person not having the rights of a holder in due course (§ 6A-3-305)_ Partial failure of consideration is a defense pro…”
In Re DiMartino, 97 B.R. 139 (Bankr. D.R.I. 1989). “LAWS § 6A-3-408 (1956, reenactment 1985), entitled "Consideration," states in relevant part that "[w]ant or failure of consideration is a defense as against any person not having the rights of a holder in due course (§ 6A-3-305).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.