Page:United States Statutes at Large Volume 77.djvu/726

 694

PUBLIC LAW88-243-D1EC. 30, 1963

[77 STAT.

§28:3—803. Notice to third party W h e r e a defendant is sued for breach of an obligation for which a t h i r d person is answerable over under t h i s article he may give the t h i r d person w r i t t e n notice of the l i t i g a t i o n, and the person notified may then give s i m i l a r notice to any other person who is a n s w e r a b l e over to h i m under t h i s article. I f the notice states that the person notified may come in and defend and that if the person notified does not do so he wull in any action a g a i n s t him by the person g i v i n g the notice be b o u n d by any determination of fact common to the t w o litigations, the n unless after seasonable receipt of the notice the person notified does come in and defend he is so b o u n d. § 28:3—804. L o s t, d e s t r o y e d or s to l e n i n s t r u m e n t s The o w n e r of an i n s t r u m e n t which is lost, w h e the r by destruction, the f t or otherwise, may m a i n t a i n an action in his own n a m e and recover from any party liable thereon upon d u e proof of h i s owners h i p, the facts which prevent his p r o d u c t i o n of the. i n s t r u m e n t and its term s. The court may require security i n d e m n i f y i n g the defendant a g a i n s t loss by reason of f u r the r claims on the i n s t r u m e n t. § 28:3—805. I n s t r u m e n t s not p a y a b l e to order or to bearer T h i s article a p p l i e s to any i n s t r u m e n t whose term s do not preclude transfer and which is otherwise negotiable w i t h i n t h i s article b u t which is not p a y a b l e to o r d e r or to h e a r e r, except that the r e can be n o holder in due course of such a n i n s t r u m e n t.

ARTICLE 4—BANK DEPOSITS AND COLLECTIONS PAET 1—GENERAL PROVISIONS AXD DEFINITIONS

Sec. 28:4—101. Short title. 28:4—102. Applicability. 28:4—103. Variation by agreement; measure of damages; certain action constituting ordinary dare. 28:4—104. Definitions and index of definitions. 28:4—105. "Depositary bank"; intermediary bank"; "collecting bank"; "payor bank"; "presenting bank"; "remitting bank". 28:4—106. Separate oflSce of a bank. 28:4—107. Time of receipt of items. 28:4—108. Delays. 28:4—109. Process of posting. PART 2—^COLLECTION OF ITEMS: DEPOSITARY AND COLLECTING BANKS

28:4—^201. Presumption and duration of agency status of collecting banks and provisional status of credits; applicability of article; item indorsed "pay any bank". 28:4—202. Responsibility for collection; when action seasonable. 28:4—203. Effe,ct of instructions. 28:4—^204. Methods of sending and presenting; sending direct to payor bank.. , 28:4—^205. Supplying missing indorsement; no notice from prior indorsement. 28:4—^206. Transfer between banks. 28:4—207. Warranties of customer and collecting bank on transfer or presentment of items; time for claims. 28:4—^208. Security interest of collecting bank in items, accompanying documents and proceeds. 28:4—^209. When bank gives value for purposes of holder in due course. 28:4—^210. Presentment by notice of item not payable by, through or at a bank; liability of secondary parties. 28:4—^211. Media of remittance; provisional and final settlement in remittance cases. 28:4—212. Right of charge-back or refund. 28:4—^213. Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal. 28:4—^214. Insolvency and preference.

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