Page:United States Statutes at Large Volume 77.djvu/725

 77 STAT. ]

PUBLIC LAW 88-243-DEC. 30, 1963

PART 7—ADVICE OF INTERNATIONAL SIGHT DRAFT § 28:3—701. Letter of advice of international sight draft (1) A '"letter of advice" is a drawer's coniniiinifation to the drawee that a described draft has been drawn. (2) Unless otherwise agreed when a bank recei\es from another bank a letter of advice of an international sight draft the drawee bank may immediately debit the drawer's account and stop the rmining of interest pro tanto. Such a debit and any resulting credit to any account covering outstanding drafts leaves in the drawer full power to stop payment or otherwise dispose of the amount and creates no trust or interest in favor of the holder. (3) Unless otherwise agreed and except where a draft is drawn under a credit issued by the drawee, the drawee of an international s'ght draft owes the drawer no duty to pay an unadvised draft but if it does so and the draft is genuine, may appropriately debit the drawer's account. PART 8—MISCELLANEOUS § 28:3—801. Drafts in a set (1) Where a draft is drawn in a set of parts, each of which is numbered and expressed to be an order only if no other part has been honored, the whole of the parts constitutes one draft but a taker of any part may become a holder in due course of the draft. (2) Any person who negotiates, indorses or accepts a single part of a draft drawn in a set thereby becomes liable to any holder in due course of that part as if it were the whole set, but as between different holders in due course to whom different parts have been negotiated the holder whose title first accrues has all rights to the draft and its proceeds. (3) As against the drawee the first presented part of a draft drawn in a set is the part entitled to payment, or if a time draft to acceptance and payment. Acceptance of any subsequently presented part renders the drawee liable thereon under subsection (2). With respect both to a holder and to the drawer payment of a subsequently presented part of a draft payable at sight has the same effect as payment of a check notwithstanding an effective stop order (section 28:4—407). (4) Except as otherwise provided in this section, where any part of a draft in a set is discharged by payment or otherwise the whole draft is discharged. §28:3—802. Effect of instrument on obligation for which it is given (1) Unless otherwise agreed where an instrument is taken for an underlying obligation (a) the ooligation is pro tanto discharged if a bank is drawer, maker or acceptor of the instrument and there is no recourse on the instrument against the underlying obligor; and (b) in any other case the obligation is suspended pro tanto until the instrument is due or if it is payable on demand until its presentment. If the instrument is dishonored action may be maintained on either the instrument or the obligation; discharge of the underlying obligor on the instrument also discharges him on the obligation. (2) The taking in good faith of a check which is not postdated does not of itself so extend the time on the original obligation as to discharge a surety.

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