reglab/housing_qa huggingface dataset:
GA Code § 11-3-307 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 3 - Enforcement of Instruments|§ 11-3-307. Notice of Breach of Fiduciary Duty

  In this Code section:   "Fiduciary" means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument; and   "Represented person" means the principal, beneficiary, partnership, corporation, or other person to whom the duty stated in paragraph (1) of subsection (a) of this Code section is owed.     If an instrument is taken from a fiduciary for payment or collection or for value, the taker has knowledge of the fiduciary status of the fiduciary, and the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply:   Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person; and   In the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of the breach of fiduciary duty if the instrument is:   If an instrument is issued by the represented person or the fiduciary as such, and made payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty unless the taker knows of the breach of fiduciary duty; and   If an instrument is issued by the represented person or the fiduciary as such, to the taker as payee, the taker has notice of the breach of fiduciary duty if the instrument is:      Taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary;   Taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or   Deposited to an account other than an account of the fiduciary, as such, or an account of the represented person;   Taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary;   Taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or   Deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.    (Code 1981, §11-3-307, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-307.
GA Code § 11-3-309 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 3 - Enforcement of Instruments|§ 11-3-309. Enforcement of Lost, Destroyed, or Stolen Instrument

  A person not in possession of an instrument is entitled to enforce the instrument if (i) the person was in possession of the instrument and entitled to enforce it when loss of possession occurred; (ii) the loss of possession was not the result of a transfer by the person or a lawful seizure; and (iii) the person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.   A person seeking enforcement of an instrument under subsection (a) of this Code section must prove the terms of the instrument and the person's right to enforce the instrument. If that proof is made, Code Section 11-3-308 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.     (Code 1981, §11-3-309, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-309.
GA Code § 11-3-310 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 3 - Enforcement of Instruments|§ 11-3-310. Effect of Instrument on Obligation for Which Taken

  Unless otherwise agreed, if a certified check, cashier's check, or teller's check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an indorser of the instrument.   Unless otherwise agreed and except as provided in subsection (a) of this Code section, if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply:   In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check;   In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment;   Except as provided in paragraph (4) of this subsection, if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of a third person which is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation; and   If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen, or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee's rights against the obligor are limited to enforcement of the instrument.     If an instrument other than one described in subsection (a) or (b) of this Code section is taken for an obligation, the effect is (i) that stated in subsection (a) of this Code section if the instrument is one on which a bank is liable as maker or acceptor; or (ii) that stated in subsection (b) of this Code section in any other case.     (Code 1981, §11-3-310, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-310.
GA Code § 11-3-311 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 3 - Enforcement of Instruments|§ 11-3-311. Accord and Satisfaction by Use of Instrument

  If a person against whom a claim is asserted proves that (i) such person in good faith tendered an instrument to the claimant as full satisfaction of the claim; (ii) the amount of the claim was unliquidated or subject to a bona fide dispute; and (iii) the claimant obtained payment of the instrument, then subsections (b), (c), and (d) of this Code section shall apply.   Unless subsection (c) of this Code section applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.   Subject to subsection (d) of this Code section, a claim is not discharged under subsection (b) of this Code section if either of the following applies:   The claimant, if an organization, proves that:   The claimant, whether or not an organization, proves that within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with subparagraph (i) of paragraph (1) of this subsection.     A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant or an agent of the claimant having direct responsibility with respect to the disputed obligation knew that the instrument was tendered in full satisfaction of the claim.    Within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place; and   The instrument or accompanying communication was not received by that designated person, office, or place; or    (Code 1981, §11-3-311, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-311.
GA Code § 11-3-403 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 4 - Liability of Parties|§ 11-3-403. Unauthorized Signature

  Unless otherwise provided in this article or Article 4 of this title, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the instrument or takes it for value. An unauthorized signature may be ratified for all purposes of this article.   If the signature of more than one person is required to constitute the authorized signature of an organization, the signature of the organization is unauthorized if one of the required signatures is lacking.   The civil or criminal liability of a person who makes an unauthorized signature is not affected by any provision of this article which makes the unauthorized signature effective for the purposes of this article.     (Code 1981, §11-3-403, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   Ratification of Forged or Unauthorized Signature, 7 POF2d 675.   Commercial Paper - Negligence Contributing to Alteration or Unauthorized Signature Under UCC § 3-406, 14 POF2d 693.   C.J.S.   - 10 C.J.S., Bills and Notes, § 27 et seq., 80.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-403.   ALR.    - Payment of check upon forged or unauthorized indorsement as affecting the right of true owner against the bank, 14 A.L.R. 764; 69 A.L.R. 1076; 137 A.L.R. 874.    Necessity of endorsement by all payees before maturity to make a transferee a bona fide holder, 25 A.L.R. 163.    Construction of savings bank by-law expressly assented to by depositor, relieving bank from liability for payment to unauthorized person, 52 A.L.R. 760.    Ratification of forged or unauthorized signature on negotiable instrument under the provision of the Negotiable Instruments Act negativing effect of such signature unless the party against whom it is sought to enforce a right thereunder is precluded from setting up the forgery or want of authority, 150 A.L.R. 978.    Invalid instrument as subject of forgery, 174 A.L.R. 1300.   Rights of one who acquires lost or stolen traveler's checks, 42 A.L.R.3d 846.   What constitutes ratification of unauthorized signature under UCC § 3-404, 93 A.L.R.3d 967.
GA Code § 11-3-405 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 4 - Liability of Parties|§ 11-3-405. Employer's Responsibility for Fraudulent Indorsement by Employee

  In this Code section:   "Employee" includes an independent contractor and an employee of an independent contractor retained by the employer;   "Fraudulent indorsement" means:   "Responsibility" with respect to instruments means authority to:  "Responsibility" does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail or similar access.      For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent indorsement of the instrument, the indorsement is effective as the indorsement of the person to whom the instrument is payable if it is made in the name of that person. If the person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from the fraud, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.   Under subsection (b) of this Code section, an indorsement is made in the name of the person to whom an instrument is payable if (i) it is made in a name substantially similar to the name of that person; or (ii) the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to the name of that person.    In the case of an instrument payable to the employer, a forged indorsement purporting to be that of the employer; or   In the case of an instrument with respect to which the employer is the issuer, a forged indorsement purporting to be that of the person identified as payee; and   Sign or indorse instruments on behalf of the employer;   Process instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition;   Prepare or process instruments for issue in the name of the employer;   Supply information determining the names or addresses of payees of instruments to be issued in the name of the employer;   Control the disposition of instruments to be issued in the name of the employer; or   Act otherwise with respect to instruments in a responsible capacity.    (Code 1981, §11-3-405, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-405.   ALR.   - Construction and effect of "padded payroll" rule of UCC § 3-405, 45 A.L.R.5th 389.
GA Code § 11-3-408 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 4 - Liability of Parties|§ 11-3-408. Drawee Not Liable on Unaccepted Draft

 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.    (Code 1981, §11-3-408, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Attachment and Garnishment, § 507. 11 Am. Jur. 2d, Banks and Financial Institutions, § 888. 11 Am. Jur. 2d, Bills and Notes, §§ 140, 382. 12 Am. Jur. 2d, Bills and Notes, §§ 487, 488. 38 Am. Jur. 2d, Gifts, § 59.   C.J.S.   - 6A C.J.S., Assignments, § 60. 10 C.J.S., Bills and Notes, §§ 19, 21.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-408.   ALR.    - Right of transferee of postdated check, 21 A.L.R. 234.
GA Code § 11-3-410 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 4 - Liability of Parties|§ 11-3-410. Acceptance Varying Draft

  If the terms of a drawee's acceptance vary from the terms of the draft as presented, the holder may refuse the acceptance and treat the draft as dishonored. In that case, the drawee may cancel the acceptance.   The terms of a draft are not varied by an acceptance to pay at a particular bank or place in the United States, unless the acceptance states that the draft is to be paid only at that bank or place.   If the holder assents to an acceptance varying the terms of a draft, the obligation of each drawer and indorser that does not expressly assent to the acceptance is discharged.     (Code 1981, §11-3-410, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-410.
GA Code § 11-3-411 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 4 - Liability of Parties|§ 11-3-411. Refusal to Pay Cashier's Checks, Teller's Checks, and Certified Checks

  In this Code section, "obligated bank" means the acceptor of a certified check or the issuer of a cashier's check or teller's check bought from the issuer.   If the obligated bank wrongfully (i) refuses to pay a cashier's check or certified check; (ii) stops payment of a teller's check; or (iii) refuses to pay a dishonored teller's check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages.   Expenses or consequential damages under subsection (b) of this Code section are not recoverable if the refusal of the obligated bank to pay occurs because (i) the bank suspends payments; (ii) the obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument; (iii) the obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument; or (iv) payment is prohibited by law.     (Code 1981, §11-3-411, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-411.
GA Code § 11-3-412 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 4 - Liability of Parties|§ 11-3-412. Obligation of Issuer of Note or Cashier's Check

 The issuer of a note or cashier's check or other draft drawn on the drawer is obliged to pay the instrument (i) according to its terms at the time it was issued or, if the instrument was not issued, at the time it first came into the possession of a holder; or (ii) if the issuer signed an incomplete instrument, according to the instrument's terms when completed, to the extent stated in Code Sections 11-3-115 and 11-3-407. The obligation is owed to a person entitled to enforce the instrument or to an indorser who paid the instrument under Code Section 11-3-415.    (Code 1981, §11-3-412, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-412.
GA Code § 11-3-413 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 4 - Liability of Parties|§ 11-3-413. Obligation of Acceptor

  The acceptor of a draft is obliged to pay the draft (i) according to its terms at the time it was accepted, even though the acceptance states that the draft is payable "as originally drawn" or equivalent terms; (ii) if the acceptance varies the terms of the draft, according to the terms of the draft as varied; or (iii) if the acceptance is of a draft that is an incomplete instrument, according to its terms when completed, to the extent stated in Code Sections 11-3-115 and 11-3-407. The obligation is owed to a person entitled to enforce the draft or to the drawer or an indorser who paid the draft under Code Section 11-3-414 or 11-3-415.   If the certification of a check or other acceptance of a draft states the amount certified or accepted, the obligation of the acceptor is that amount. If the certification or acceptance does not state an amount, the amount of the instrument is subsequently raised, and the instrument is then negotiated to a holder in due course, the obligation of the acceptor is the amount of the instrument at the time it was taken by the holder in due course.     (Code 1981, §11-3-413, enacted by Ga. L. 1996, p. 1306, § 3.)   Cross references.   - Allowance of setoff against original payee in action by holder or transferee of negotiable instrument received under dishonor, § 13-7-7.   Law reviews.   - For article discussing parol evidence in the law of commercial paper, see 13 Ga. L. Rev. 53 (1978). For article surveying Georgia cases in the area of commercial law from June 1979 through May 1980, see 32 Mercer L. Rev. 11 (1980). For annual survey of commercial law, see 38 Mercer L. Rev. 85 (1986).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Parol Evidence    RESEARCH REFERENCES   Am. Jur. 2d.   - 11 Am. Jur. 2d, Banks and Financial Institutions, § 956. 12 Am. Jur. 2d, Bills and Notes, §§ 438 et seq., 492, 557.   C.J.S.   - 10 C.J.S., Bills and Notes, §§ 12 et seq., 39 et seq., 80 et seq., 263.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-413.   ALR.    - Words, "credit the drawer," on note, as affecting liability of one who signs before delivery, 56 A.L.R. 232.    Negligence in drawing check which facilitates alteration as to payee as affecting bank's liability in cashing check, 64 A.L.R. 1108.    Duty of holder as regards presentation of check to drawee bank as affected by run on bank or other indications of impending closing of doors, 88 A.L.R. 479.    Right of maker of negotiable paper which is subject to defenses as against payee-pledgor but not as against pledgee (by invoking doctrine of marshaling assets or otherwise) to require the latter to resort first to other collateral, 92 A.L.R. 1085.
GA Code § 11-3-414 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 4 - Liability of Parties|§ 11-3-414. Obligation of Drawer

  This Code section does not apply to cashier's checks or other drafts drawn on the drawer.   If an unaccepted draft is dishonored, the drawer is obliged to pay the draft (i) according to its terms at the time it was issued or, if the instrument was not issued, at the time it first came into possession of a holder; or (ii) if the drawer signed an incomplete instrument, according to the instrument's terms when completed, to the extent stated in Code Sections 11-3-115 and 11-3-407. The obligation is owed to a person entitled to enforce the draft or to an indorser who paid the draft under Code Section 11-3-415.   If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained.   If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an indorser under subsections (a) and (c) of Code Section 11-3-415.   If a draft states that it is drawn "without recourse" or otherwise disclaims liability of the drawer to pay the draft, the drawer is not liable under subsection (b) of this Code section to pay the draft if the draft is not a check. A disclaimer of the liability stated in subsection (b) of this Code section is not effective if the draft is a check.   If a check is not presented for payment or given to a depositary bank for collection within 30 days after its date, the drawee suspends payments after expiration of the 30 day period without paying the check, and because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer, to the extent deprived of funds, may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds.     (Code 1981, §11-3-414, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-414.