reglab/housing_qa huggingface dataset:
GA Code § 11-3-416 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 4 - Liability of Parties|§ 11-3-416. Transfer Warranties

  A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by indorsement, to any subsequent transferee that:   The warrantor is a person entitled to enforce the instrument;   All signatures on the instrument are authentic and authorized;   The instrument has not been altered;   The instrument is not subject to a defense or claim in recoupment of any party which can be asserted against the warrantor; and   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.     A person to whom the warranties under subsection (a) of this Code 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.   The warranties stated in subsection (a) of this Code section cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (b) of this Code section is discharged to the extent of any loss caused by the delay in giving notice of the claim.   A cause of action for breach of warranty under this Code section accrues when the claimant has reason to know of the breach.     (Code 1981, §11-3-416, enacted by Ga. L. 1996, p. 1306, § 3; Ga. L. 1997, p. 143, § 11.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-416.
GA Code § 11-3-418 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 4 - Liability of Parties|§ 11-3-418. Payment or Acceptance by Mistake

  Except as provided in subsection (c) of this Code section, if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief that (i) payment of the draft had not been stopped pursuant to Code Section 11-4-403; or (ii) 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. Rights of the drawee under this subsection are not affected by failure of the drawee to exercise ordinary care in paying or accepting the draft.   Except as provided in subsection (c) of this Code section, if an instrument has been paid or accepted by mistake and the case is not covered by subsection (a) of this Code section, the person paying or accepting may, to the extent permitted by the law governing mistake and restitution, (i) recover the payment from the person to whom or for whose benefit payment was made; or (ii) in the case of acceptance, may revoke the acceptance.   The remedies provided by subsection (a) or (b) of this Code 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 subsection does not limit remedies provided by Code Section 11-3-417 or 11-4-407.   Notwithstanding Code Section 11-4-215, if an instrument is paid or accepted by mistake and the payor or acceptor recovers payment or revokes acceptance under subsection (a) or (b) of this Code 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.     (Code 1981, §11-3-418, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-418.
GA Code § 11-3-505 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 5 - Dishonor|§ 11-3-505. Evidence of Dishonor

  The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated:   A document regular in form as provided in subsection (b) of this Code section which purports to be a protest;   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; and   A book or record of the drawee, payor bank, or collecting bank kept in the usual course of business which shows dishonor, even if there is no evidence of who made the entry.     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. It 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.     (Code 1981, §11-3-505, enacted by Ga. L. 1996, p. 1306, § 3.)   Cross references.   - Evidence of presentation, nonpayment, and protest relating to instruments issued in payment of wages or salary due, § 34-7-3.   Law reviews.   - For article surveying cases dealing with law of evidence from June 1977 through May 1978, see 30 Mercer L. Rev. 91 (1978). For note, "The Law of Evidence in the Uniform Commercial Code," see 1 Ga. L. Rev. 44 (1966).   RESEARCH REFERENCES   Am. Jur. 2d.   - 12 Am. Jur. 2d, Bills and Notes, § 669,.   C.J.S.   - 10 C.J.S., Bills and Notes, § 299.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-505.   ALR.    - Examining directory as sufficient diligence in locating drawer or endorser for purpose of notice of dishonor, 55 A.L.R. 673.    Promise to pay at future time by party to whom presentment is made as excusing notice of dishonor, 62 A.L.R. 295.    Presumption as to payment or discharge of obligation from obligor's possession of paper evidencing it, 70 A.L.R. 859; 156 A.L.R. 777.    Necessity of producing in court note or other evidence of debt sued on, as a precaution against possibility of double liability, 129 A.L.R. 977.
GA Code § 11-3-601 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 6 - Discharge and Payment|§ 11-3-601. Discharge and Effect of Discharge

  The obligation of a party to pay the instrument is discharged as stated in this article or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract.   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.     (Code 1981, §11-3-601, enacted by Ga. L. 1996, p. 1306, § 3.)   Cross references.   - Discharge of surety by increase of risk, § 10-7-22.   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Discharge on Underlying Contract   Discharge of Surety    RESEARCH REFERENCES   Am. Jur. 2d.   - 11 Am. Jur. 2d, Bills and Notes, §§ 322, 391 et seq., 417 et seq. 69 Am. Jur. 2d, Secured Transactions, § 229.   C.J.S.   - 10 C.J.S., Bills and Notes, § 231 et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-601.   ALR.    - Renewal of bill or note as precluding defenses available against the original, 35 A.L.R. 1258; 72 A.L.R. 600.    May one not a holder in due course of original note acquire that character as to a renewal note, 35 A.L.R. 1300.    Discharge of drawer or endorser of check by holder's acceptance therefor of something other than money, 52 A.L.R. 994; 87 A.L.R. 442.    Renewal note as discharging original obligation or indebtedness, 52 A.L.R. 1416.    Statement made to prospective transferee at time of execution of obligation, negativing defense or offset against obligation, as affecting right to set up defense of fraud, 60 A.L.R. 1180.    Right to countermand or stop payment on cashier's check or check or draft drawn by one bank upon another, 107 A.L.R. 1463.   Renewal note signed by one comaker as discharge of nonsigning comakers, 43 A.L.R.3d 246.
GA Code § 11-3-603 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 6 - Discharge and Payment|§ 11-3-603. Tender of Payment

  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.   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.   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.     (Code 1981, §11-3-603, enacted by Ga. L. 1996, p. 1306, § 3.)   Law reviews.   - For article surveying developments in Georgia commercial law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 33 (1981).   RESEARCH REFERENCES   Am. Jur. 2d.   - 11 Am. Jur. 2d, Bills and Notes, §§ 316, 324 et seq., 422. 68A Am. Jur. 2d, Secured Transactions, § 569.   C.J.S.   - 10 C.J.S., Bills and Notes, § 234. 20 C.J.S., Costs, § 39 et seq. 47 C.J.S., Interest, §§ 61-63. 86 C.J.S., Tender, § 42 et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-603.   ALR.    - Is actual tender excused by inability of other party to produce paper or other thing to be surrendered as condition of tender, 14 A.L.R. 1120.    Renewal of bill or note as precluding defenses available against the original, 41 A.L.R. 963.    Surrender of commercial paper received as conditional payment as condition to recovery on original obligation, 85 A.L.R. 1057.
GA Code § 11-3-604 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 3 - Negotiable Instruments|Part 6 - Discharge and Payment|§ 11-3-604. Discharge by Cancellation or Renunciation

  A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument by (i) an intentional voluntary act such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party's signature, or the addition of words to the instrument indicating discharge; or (ii) agreeing not to sue or otherwise renouncing rights against the party by a signed writing.   Cancellation or striking out of an indorsement pursuant to subsection (a) of this Code section does not affect the status and rights of a party derived from the indorsement.     (Code 1981, §11-3-604, enacted by Ga. L. 1996, p. 1306, § 3.)   RESEARCH REFERENCES   C.J.S.   - 10 C.J.S., Bills and Notes, § 231 et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 3-604.   ALR.    - Right of maker to recover payment or overpayment made by mistake to transferee of paper in good faith, 41 A.L.R. 588.    Surrender (or indemnity in lieu thereof) of original instrument as condition of recovery upon new or renewal instrument, or surrender of new or renewal instrument as condition of recovery upon original, 129 A.L.R. 371.   What constitutes renunciation by surrender of negotiable instrument under UCC § 3-605, 96 A.L.R.3d 1144.   Unintentional cancellation of negotiable instrument under UCC Article 3, 59 A.L.R.4th 617.
GA Code § 11-4-101 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 4 - Bank Deposits and Collections|Part 1 - General Provisions and Definitions|§ 11-4-101. Short Title

 This article may be cited as "Uniform Commercial Code - Bank Deposits and Collections."   (Code 1933, § 109A-4 - 101, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 1996, p. 1306, § 4.)   RESEARCH REFERENCES   4A Am. Jur. Pleading and Practice Forms, Banks, § 2.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 4-101.
GA Code § 11-4-102 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 4 - Bank Deposits and Collections|Part 1 - General Provisions and Definitions|§ 11-4-102. Applicability

  To the extent that items within this article are also within Articles 3 and 8 of this title, they are subject to those articles. If there is conflict, this article governs Article 3 of this title, but Article 8 of this title governs this article.   The liability of a bank for action or nonaction with respect to an 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 nonaction 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.    (Code 1933, § 109A-4 - 102, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 1996, p. 1306, § 4.)   Law reviews.   - For review of 1996 commercial code legislation, see 13 Ga. St. U.L. Rev. 41.   JUDICIAL DECISIONS    Cited in Perini Corp. v. First Nat'l Bank, 553 F.2d 398 (5th Cir. 1977); Clements v. Central Bank, 155 Ga. App. 27, 270 S.E.2d 194 (1980); Great W. Bank v. Steve James Ford, Inc., 915 F. Supp. 392 (S.D. Ga. 1996).   RESEARCH REFERENCES   Am. Jur. 2d.   - 11 Am. Jur. 2d, Banks and Financial Institutions, §§ 970, 978. 15A Am. Jur. 2d, Commercial Code, § 11.   C.J.S.   - 9 C.J.S., Banks and Banking, § 382.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 4-102.   ALR.    - Liability of bank for loss of liberty bonds, 17 A.L.R. 1217; 31 A.L.R. 703; 40 A.L.R. 899.    Authority of bank officer or employee to bind bank by endorsement or guaranty of paper for accommodation of third person, 37 A.L.R. 1373.    Bankruptcy: provability of judgment for tort, 37 A.L.R. 1442.
GA Code § 11-4-106 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 4 - Bank Deposits and Collections|Part 1 - General Provisions and Definitions|§ 11-4-106. Payable Through or Payable at Bank; Collecting Bank

  If an item states that it is "payable through" a bank identified in the item, the item (i) designates the bank as a collecting bank and does not by itself authorize the bank to pay the item; and (ii) may be presented for payment only by or through the bank.   If an item states that it is "payable at" a bank identified in the item, the item (i) designates the bank as a collecting bank and does not by itself authorize the bank to pay the item; and (ii) may be presented for payment only by or through the bank.   If a draft names a nonbank drawee and it is unclear whether a bank named in the draft is a co-drawee or a collecting bank, the bank is a collecting bank.     (Code 1981, §11-4-106, enacted by Ga. L. 1996, p. 1306, § 5.)   Editor's notes.   - Ga. L. 1996, p. 1306, § 5, effective July 1, 1996, renumbered former Code Section 11-4-106 as present Code Section 11-4-107 and added this Code section.   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 4-106.
GA Code § 11-4-107 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 4 - Bank Deposits and Collections|Part 1 - General Provisions and Definitions|§ 11-4-107. Separate Office of a Bank

 A branch or separate office of a bank, including the location of any agent of a bank receiving items for data processing purposes, 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 notice or orders must be given under this article and under Article 3 of this title.    (Code 1933, § 109A-4 - 106, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 1963, p. 188, § 10; Ga. L. 1985, p. 825, § 2; Code 1981, §11-4-107, as redesignated by Ga. L. 1996, p. 1306, § 5.)   Cross references.   - Status and manner of operation of branch banks generally, § 7-1-600 et seq.   Editor's notes.   - Ga. L. 1996, p. 1306, § 5, effective July 1, 1996, renumbered former Code Section 11-4-106 as present Code Section 11-4-107 and renumbered former Code Section 11-4-107 as present Code Section 11-4-108.   RESEARCH REFERENCES   Am. Jur. 2d.   - 10 Am. Jur. 2d, Banks and Financial Institutions, §§ 635, 636.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 4-107.   ALR.   - Construction of UCC § 4-106 defining separate or branch office of bank, 5 A.L.R.4th 938.
GA Code § 11-4-108 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 4 - Bank Deposits and Collections|Part 1 - General Provisions and Definitions|§ 11-4-108. Time of Receipt of Items

  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 2:00 P.M. or later as a cutoff hour for the handling of money and items and the making of entries on its books.   An item or deposit of money received on any day after a cutoff 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.     (Code 1933, § 109A-4 - 107, enacted by Ga. L. 1962, p. 156, § 1; Code 1981, §11-4-108, as redesignated by Ga. L. 1996, p. 1306, § 5.)   Editor's notes.   - Ga. L. 1996, p. 1306, § 5, effective July 1, 1996, renumbered former Code Section 11-4-107 as present Code Section 11-4-108 and renumbered former Code Section 11-4-108 as present Code Section 11-4-109.   RESEARCH REFERENCES   Am. Jur. 2d.   - 11 Am. Jur. 2d, Banks and Financial Institutions, §§ 699, 987, 988.   C.J.S.   - 9 C.J.S., Banks and Banking, §§ 273, 274, 383.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 4-108.
GA Code § 11-4-109 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 4 - Bank Deposits and Collections|Part 1 - General Provisions and Definitions|§ 11-4-109. Delays

  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 this title for a period not exceeding two additional banking days without discharge of drawers or indorsers or liability to its transferor or a prior party.   Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by this title or by instructions is excused if (i) 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 (ii) the bank exercises such diligence as the circumstances require.     (Code 1933, § 109A-4 - 108, enacted by Ga. L. 1962, p. 156, § 1; Code 1981, §11-4-109, as redesignated by Ga. L. 1996, p. 1306, § 5.)   Editor's notes.   - Ga. L. 1996, p. 1306, § 5, effective July 1, 1996, renumbered former Code Section 11-4-108 as present Code Section 11-4-109.   JUDICIAL DECISIONS    Cited in Samples v. Trust Co., 118 Ga. App. 307, 163 S.E.2d 325 (1968); Trading Assocs. v. Trust Co. Bank, 142 Ga. App. 229, 235 S.E.2d 661 (1977); Clements v. Central Bank, 155 Ga. App. 27, 270 S.E.2d 194 (1980).   RESEARCH REFERENCES   Am. Jur. 2d.   - 11 Am. Jur. 2d, Banks and Financial Institutions, §§ 980, 981.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 4-109.
GA Code § 11-4-110 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 4 - Bank Deposits and Collections|Part 1 - General Provisions and Definitions|§ 11-4-110. Electronic Presentment

  "Agreement for electronic presentment" means an agreement, clearing-house rule, or federal reserve regulation or operating circular, providing that presentment of an item may be made by transmission of an image of an item or information describing the item ("presentment notice") rather than delivery of the item itself. The agreement may provide for procedures governing retention, presentment, payment, dishonor, and other matters concerning items subject to the agreement.   Presentment of an item pursuant to an agreement for presentment is made when the presentment notice is received.   If presentment is made by presentment notice, a reference to "item" or "check" in this article means the presentment notice unless the context otherwise indicates.     (Code 1981, §11-4-110, enacted by Ga. L. 1996, p. 1306, § 5.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 4-110.
GA Code § 11-4-111 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 4 - Bank Deposits and Collections|Part 1 - General Provisions and Definitions|§ 11-4-111. Statute of Limitations

 An action to enforce an obligation, duty, or right arising under this article must be commenced within three years after the cause of action accrues.    (Code 1981, §11-4-111, enacted by Ga. L. 1996, p. 1306, § 5.)   RESEARCH REFERENCES   U.L.A.   - Uniform Commercial Code (U.L.A.) § 4-111.
GA Code § 11-4-203 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 4 - Bank Deposits and Collections|Part 2 - Collection of Items: Depositary and Collecting Banks|§ 11-4-203. Effect of Instructions

 Subject to Article 3 of this title concerning conversion of instruments (Code Section 11-3-420) and restrictive indorsements (Code Section 11-3-206), only a collecting bank's transferor can give instructions that affect the bank or constitute notice to it and a collecting bank is not liable to prior parties for any action taken pursuant to the instructions or in accordance with any agreement with its transferor.   (Code 1933, § 109A-4 - 203, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 1996, p. 1306, § 6.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 11 Am. Jur. 2d, Banks and Financial Institutions, § 976.   C.J.S.   - 9 C.J.S., Banks and Banking, § 383 et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 4-203.