Wis. Stat. » CHAPTER 403 — UNIFORM COMMERCIAL CODE — NEGOTIABLE INSTRUMENTS
Wisconsin Statutes

Wis. Stat. § 403.419 (2026)

Instruments signed for accommodation

✓ current as of July 2026
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403.419403.419 Instruments signed for accommodation.
403.419(1)(1) If an instrument is issued for value given for the benefit of a party to the instrument (“accommodated party”) and another party to the instrument (“accommodation party”) signs the instrument for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument, the instrument is signed by the accommodation party “for accommodation”.
403.419(2)(2) An accommodation party may sign the instrument as maker, drawer, acceptor or endorser and, subject to sub. (4), is obliged to pay the instrument in the capacity in which the accommodation party signs. The obligation of an accommodation party may be enforced notwithstanding any statute of frauds and whether or not the accommodation party receives consideration for the accommodation.
403.419(3)(3) A person signing an instrument is presumed to be an accommodation party and there is notice that the instrument is signed for accommodation if the signature is an anomalous endorsement or is accompanied by words indicating that the signer is acting as surety or guarantor with respect to the obligation of another party to the instrument. Except as provided in s. 403.605, the obligation of an accommodation party to pay the instrument is not affected by the fact that the person enforcing the obligation had notice when the instrument was taken by that person that the accommodation party signed the instrument for accommodation.
403.419(4)(4) If the signature of a party to an instrument is accompanied by words indicating unambiguously that the party is guaranteeing collection rather than payment of the obligation of another party to the instrument, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument only if any of the following occurs:
403.419(4)(a)(a) Execution of judgment against the other party has been returned unsatisfied.
403.419(4)(b)(b) The other party is insolvent or in an insolvency proceeding.
403.419(4)(c)(c) The other party cannot be served with process.
403.419(4)(d)(d) It is otherwise apparent that payment cannot be obtained from the other party.
403.419(5)(5) An accommodation party who pays the instrument is entitled to reimbursement from the accommodated party and is entitled to enforce the instrument against the accommodated party. An accommodated party who pays the instrument has no right of recourse against, and is not entitled to contribution from, an accommodation party.
403.419 HistoryHistory: 1995 a. 449.
Notes of Decisions
Cited in 5 cases, 1988–2017 · leading case: Allied Ins. Ctr., Inc. v. Wauwatosa Sav. & Loan Ass'n, 546 N.W.2d 544 (Wis. Ct. App. 1996).
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Allied Ins. Ctr., Inc. v. Wauwatosa Sav. & Loan Ass'n, 546 N.W.2d 544 (Wis. Ct. App. 1996). · cites it 35× “" Allied and Kliebhan filed suit against Wauwatosa, alleging causes of action for conversion under § 403.419, STATS., breach of warranty under § 404.”
Schmitz v. Firstar Bank Milwaukee, 2003 WI 21 (Wis. 2003). · cites it 9× “wever, in its response in opposition to the plaintiffs motion for summary judgment, that if the plaintiff-payee prevailed on his argument that Georgetown Financial did not have the authority under the limited powers of attorney to endorse the checks in the present case, the…”
Tracie L. Flug v. Labor & Indus. Review Comm'n, 2017 WI 72 (Wis. 2017). · cites it 4× “2d 442 ("the question of whether Firstar acted in good faith or in accordance with reasonable commercial standards under Wis. Stat. § 403.419 (3)(1993-94) was a question of fact that would need to be tried"); Tang v.”
Bradford Nat'l Life Ins. v. Union State Bank, 794 F. Supp. 296 (E.D. Wis. 1992). · cites it 4× “As for a statutory basis, Wis.Stat. § 403.419 — the conversion statute under which Bradford National.”
Charmglow Prods., Inc. v. Mitchell Street State Bank, 687 F. Supp. 448 (E.D. Wis. 1988). “§ 403.419. FWN has moved for summary judgment and Charmglow has opposed the motion.”
— Wis. Stat. § 403.419(1)(c) — 1 case
Allied Ins. Ctr., Inc. v. Wauwatosa Sav. & Loan Ass'n, 546 N.W.2d 544 (Wis. Ct. App. 1996). “" Allied and Kliebhan filed suit against Wauwatosa, alleging causes of action for conversion under § 403.419, STATS., breach of warranty under § 404.”
— Wis. Stat. § 403.419(3) — 2 cases
Schmitz v. Firstar Bank Milwaukee, 2003 WI 21 (Wis. 2003). “wever, in its response in opposition to the plaintiffs motion for summary judgment, that if the plaintiff-payee prevailed on his argument that Georgetown Financial did not have the authority under the limited powers of attorney to endorse the checks in the present case, the…”
Allied Ins. Ctr., Inc. v. Wauwatosa Sav. & Loan Ass'n, 546 N.W.2d 544 (Wis. Ct. App. 1996). “" Allied and Kliebhan filed suit against Wauwatosa, alleging causes of action for conversion under § 403.419, STATS., breach of warranty under § 404.”
— Wis. Stat. § 403.419(l)(c) — 1 case
Allied Ins. Ctr., Inc. v. Wauwatosa Sav. & Loan Ass'n, 546 N.W.2d 544 (Wis. Ct. App. 1996). “" Allied and Kliebhan filed suit against Wauwatosa, alleging causes of action for conversion under § 403.419, STATS., breach of warranty under § 404.”
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