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S.C. Code Ann. § 36-4-407

Payor bank's right to subrogation on improper payment

Known as the Uniform Commercial Code

The act spans §§ 36–36 (519 sections).

Applied in 1 court decision — leading case Southern Bnk. & Trst. Co. v. Harrison Sales Co. Inc. (1985)

Most recently applied in Southern Bnk. & Trst. Co. v. Harrison Sales Co. Inc. (February 1985)

1962 Code SECTION 10.4-407; 1966 (54) 2716; 2008 Act No. 204, SECTION 3, eff July 1, 2008.

If a payor bank has paid an item over the order of the drawer or maker to stop payment, or after an account has been closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor bank is subrogated to the rights

(1) of any holder in due course on the item against the drawer or maker;

(2) of the payee or any other holder of the item against the drawer or maker either on the item or under the transaction out of which the item arose; and

(3) of the drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.