reglab/housing_qa huggingface dataset:
Ohio Rev Code § 1303.55 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.55 | Obligation of Indorser - Ucc 3-415.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) Subject to divisions (B), (C), (D), and (E) of this section and to division (D) of section 1303.59 of the Revised Code, if an instrument is dishonored, an indorser is obliged to pay the amount due on the instrument according to the terms of the instrument at the time it was indorsed, or, if the indorser indorsed an incomplete instrument, according to its terms when completed, to the extent required by sections 1303.11 and 1303.50 of the Revised Code. The obligation of the indorser is owed to a person entitled to enforce the instrument or to a subsequent indorser who paid the instrument under this section.(B) If an indorsement states that it is made "without recourse" or otherwise disclaims liability of the indorser, the indorser is not liable under division (A) of this section to pay the instrument.(C) If notice of dishonor of an instrument is required by section 1303.63 of the Revised Code and notice of dishonor complying with that section is not given to an indorser, the liability of the indorser under division (A) of this section is discharged.(D) If a draft is accepted by a bank after an indorsement is made, the liability of the indorser under division (A) of this section is discharged.(E) If an indorser of a check is liable under division (A) of this section and the check is not presented for payment, or given to a depositary bank for collection, within thirty days after the day the indorsement was made, the liability of the indorser under division (A) of this section is discharged.
Ohio Rev Code § 1303.56 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.56 | Transfer Warranties - Ucc 3-416.

Effective: April 6, 2017|Latest Legislation:  House Bill 463 - 131st General Assembly|(A) A person who transfers an instrument for consideration warrants all of the following to the transferee and, if the transfer is by indorsement, to any subsequent transferee: (1) The warrantor is a person entitled to enforce the instrument. (2) All signatures on the instrument are authentic and authorized.(3) The instrument has not been altered.(4) The instrument is not subject to a defense or claim in recoupment of any party which can be asserted against the warrantor.(5) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer. (6) With respect to a remotely created consumer item, the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn.(B) A person to whom the warranties set forth in division (A) of this section are made and who took the instrument in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the instrument plus expenses and loss of interest incurred as a result of the breach.(C) The warranties set forth in division (A) of this section cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under division (B) of this section is discharged to the extent of any loss caused by the delay in giving notice of the claim.(D) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
Ohio Rev Code § 1303.58 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.58 | Payment or Acceptance by Mistake - Ucc 3-418.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) Except as provided in division (C) of this section, if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief that payment of the draft had not been stopped pursuant to section 1304.32 of the Revised Code, or that the signature of the drawer of the draft was authorized, the drawee may recover the amount of the draft from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance. The rights of the drawee under this division are not affected by a failure of the drawee to exercise ordinary care in paying or accepting the draft.(B) Except as provided in division (C) of this section, if an instrument has been paid or accepted by mistake and the case is not covered by division (A) of this section, the person paying or accepting, to the extent permitted by the law governing mistake and restitution, may recover the payment from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance.(C) The remedies provided by division (A) or (B) of this section may not be asserted against a person who took the instrument in good faith and for value or who in good faith changed position in reliance on the payment or acceptance. This division does not limit remedies provided by section 1303.57 or 1304.36 of the Revised Code.(D) Notwithstanding section 1304.25 of the Revised Code, if an instrument is paid or accepted by mistake and the payor or acceptor recovers payment or revokes acceptance under divisions (A) or (B) of this section, the instrument is deemed not to have been paid or accepted and is treated as dishonored, and the person from whom payment is recovered has rights as a person entitled to enforce the dishonored instrument.
Ohio Rev Code § 1303.60 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.60 | Conversion of Instrument - Ucc 3-420.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) The law applicable to conversion of personal property applies to instruments. An instrument also is converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or if a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or receive payment. An action for conversion of an instrument may not be brought by the issuer or acceptor of the instrument or a payee or indorsee who did not receive delivery of the instrument either directly or through delivery to an agent or a co-payee.(B) In an action under division (A) of this section, the measure of liability is presumed to be the amount payable on the instrument, but recovery may not exceed the amount of the plaintiff's interest in the instrument.(C) A representative, other than a depositary bank, who has in good faith dealt with an instrument or its proceeds on behalf of one who was not the person entitled to enforce the instrument is not liable in conversion to that person beyond the amount of any proceeds that it has not paid out.
Ohio Rev Code § 1303.61 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.61 | Presentment - Ucc 3-501.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank or to accept a draft made to the drawee.(B) The following rules are subject to sections 1304.01 to 1304.40 of the Revised Code, agreement of the parties, clearing-house rules, and similar laws and rules:(1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors.(2) Upon demand of the person to whom presentment is made, the person making presentment must do all of the following:(a) Exhibit the instrument;(b) Give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so;(c) Sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.(3) Without dishonoring the instrument, the party to whom presentment is made may return the instrument for lack of a necessary indorsement, or refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.(4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than two p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the established cut-off hour.
Ohio Rev Code § 1303.63 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.63 | Notice of Dishonor - Ucc 3-503.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) The obligation of an indorser set forth in division (A) of section 1303.55 of the Revised Code and the obligation of a drawer set forth in division (D) of section 1303.54 of the Revised Code may not be enforced unless one of the following applies:(1) The indorser or drawer is given notice of dishonor of the instrument complying with this section;(2) Notice of dishonor is excused under division (B) of section 1303.64 of the Revised Code.(B) Notice of dishonor may be given by any person; may be given by any commercially reasonable means, including an oral, written, or electronic communication; and is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted. The return of an instrument given to a bank for collection is sufficient notice of dishonor.(C) Subject to division (C) of section 1303.54 of the Revised Code, with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given in one of the following ways:(1) By the bank before midnight of the next banking day following the banking day on which the bank receives notice of dishonor of the instrument;(2) By any other person no later than thirty days after the day on which the person receives notice of dishonor. With respect to any other instrument, notice of dishonor must be given no later than thirty days after the day on which dishonor occurs.
Ohio Rev Code § 1303.64 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.64 | Excused Presentment and Notice of Dishonor - Ucc 3-504.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) Presentment for payment or acceptance of an instrument is excused under any of the following circumstances:(1) The person entitled to present the instrument cannot with reasonable diligence make presentment.(2) The maker or acceptor has repudiated an obligation to pay the instrument, has died, or is in insolvency proceedings.(3) By the terms of the instrument presentment is not necessary to enforce the obligation of indorsers or the drawer.(4) The drawer or indorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted.(5) The drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft.(B) Notice of dishonor is excused if by the terms of the instrument notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument or if the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor.(C) Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate.
Ohio Rev Code § 1303.65 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.65 | Evidence of Dishonor - Ucc 3-505.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated:(1) A document regular in form as provided in division (B) of this section that purports to be a protest;(2) A purported stamp or writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor;(3) A book or record of the drawee, payor bank, or collecting bank, kept in the usual course of business that shows dishonor, even if there is no evidence of who made the entry.(B) A "protest" is a certificate of dishonor made by a United States consul or vice consul or by a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. A protest may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.
Ohio Rev Code § 1303.66 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.66 | Discharge and Effect of Discharge - Ucc 3-601.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) The obligation of a party to pay the instrument is discharged as stated in this chapter or by an act or agreement with the party that would discharge an obligation to pay money under a simple contract.(B) The discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.
Ohio Rev Code § 1303.68 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.68 | Tender of Payment - Ucc 3-603.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.(B) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.(C) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.
Ohio Rev Code § 1303.69 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1303 | Commercial Paper|Section 1303.69 | Discharge by Cancellation or Renunciation - Ucc 3-604.

Effective: April 6, 2017|Latest Legislation:  House Bill 463 - 131st General Assembly|(A) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument in either of the following ways:(1) By surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party's signature, the addition of words to the instrument indicating discharge, or any other intentional voluntary act;(2) By agreeing not to sue or otherwise renouncing rights against the party by a signed record.(B) Cancellation or striking out of an indorsement pursuant to division (A) does not affect the status and rights of a party derived from the indorsement. (C) As used in this section, "signed," with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process with the present intent to adopt or accept the record.
Ohio Rev Code § 1304.02 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1304 | Bank Deposits and Collections|Section 1304.02 | Applicability - Ucc 4-102.

Effective: January 1, 1998|Latest Legislation:  House Bill 170 - 122nd General Assembly|(A) To the extent that items within sections 1304.01 to 1304.40 of the Revised Code are also within the scope of Chapter 1303. and Chapter 1308. of the Revised Code, they are subject to those chapters. In the event of conflict, the provisions of sections 1304.01 to 1304.40 of the Revised Code govern those of Chapter 1303., but the provisions of Chapter 1308. of the Revised Code govern those of sections 1304.01 to 1304.40 of the Revised Code.(B) The liability of a bank for action or non-action with respect to any item handled by it for purposes of presentment, payment, or collection is governed by the law of the place where the bank is located. In the case of action or non-action by or at a branch or separate office of a bank, its liability is governed by the law of the place where the branch or separate office is located.
Ohio Rev Code § 1304.03 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1304 | Bank Deposits and Collections|Section 1304.03 | Variation by Agreement - Measure of Damages - Action Constituting Ordinary Care - Ucc 4-103.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) The effect of the provisions of this chapter may be varied by agreement, but the parties to the agreement cannot disclaim a bank's responsibility for its lack of good faith or failure to exercise ordinary care or limit the measure of damages for the lack or failure. However, the parties may determine by agreement the standards by which the bank's responsibility is to be measured if those standards are not manifestly unreasonable.(B) Federal Reserve regulations and operating circulars, clearing house rules, and similar regulations, documents, and rules have the effect of agreements under division (A) of this section, whether or not specifically assented to by all parties interested in items handled.(C) Action or non-action approved by sections 1304.01 to 1304.40 of the Revised Code or pursuant to Federal Reserve regulations or operating circulars is the exercise of ordinary care, and, in the absence of special instructions, action or non-action consistent with clearing house rules and similar rules or with a general banking usage not disapproved by sections 1304.01 to 1304.40 of the Revised Code is prima facie the exercise of ordinary care.(D) The specification or approval of certain procedures by sections 1304.01 to 1304.40 of the Revised Code is not disapproval of other procedures that may be reasonable under the circumstances.(E) The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item reduced by an amount that could not have been realized by the exercise of ordinary care. If there also is bad faith, the measure of damages includes any other damages the party suffered as a proximate consequence.
Ohio Rev Code § 1304.04 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1304 | Bank Deposits and Collections|Section 1304.04 | Separate Office of Bank - Ucc 4-107.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|A branch or separate office of a bank is a separate bank for the purpose of computing the time within which and determining the place at or to which action may be taken or notices or orders shall be given under Chapter 1303. and sections 1304.01 to 1304.40 of the Revised Code.
Ohio Rev Code § 1304.05 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1304 | Bank Deposits and Collections|Section 1304.05 | Payable Through or Payable at Bank - Ucc 4-106.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) If an item states that it is "payable through" a bank identified in the item, both of the following apply:(1) The item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item.(2) The item may be presented for payment only by or through the bank.(B) If an item states that it is "payable at" a bank identified in the item, the item is equivalent to a draft drawn on the bank.
Ohio Rev Code § 1304.06 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1304 | Bank Deposits and Collections|Section 1304.06 | Time of Receipt of Items - Ucc 4-108.

Effective: August 19, 1994|Latest Legislation:  Senate Bill 147 - 120th General Assembly|(A) For the purpose of allowing time to process items, prove balances, and make the necessary entries on its books to determine its position for the day, a bank may fix an afternoon hour of two p.m. or later as a cut-off hour for the handling of money and items and the making of entries on its books.(B) An item or deposit of money received on any day after a cut-off hour so fixed or after the close of the banking day may be treated as being received at the opening of the next banking day.
Ohio Rev Code § 1304.07 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1304 | Bank Deposits and Collections|Section 1304.07 | Delays - Ucc 4-109.

Effective: August 15, 1996|Latest Legislation:  Senate Bill 155 - 121st General Assembly|(A) Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify, or extend time limits imposed or permitted by Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code for a period not exceeding two additional banking days without discharge of drawers or indorsers or liability to its transferor or a prior party.(B) Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code or by instructions is excused if the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of the bank, and the bank exercises whatever diligence that the circumstances require.