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N.Y. U.C.C. 3-408

Consideration

Applied in 1 court decision — leading case Bavelis v. Doukas (In re Bavelis) (2017)

Most recently applied in Bavelis v. Doukas (In re Bavelis) (February 2017)

2014-09-22

Section 3--408. Consideration.\n Want or failure of consideration is a defense as against any person\nnot having the rights of a holder in due course (Section 3--305), except\nthat no consideration is necessary for an instrument or obligation\nthereon given in payment of or as security for an antecedent obligation\nof any kind. Nothing in this section shall be taken to displace any\nstatute outside this Act under which a promise is enforceable\nnotwithstanding lack or failure of consideration. Partial failure of\nconsideration is a defense pro tanto whether or not the failure is in an\nascertained or liquidated amount.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.