Revised Code of Washington - RCW Title 62A Uniform Commercial Code - Section 62A.3-420 Conversion of instrument

§ 62A.3-420. Conversion of instrument

(a) The law applicable to conversion of personal property applies to instruments. An instrument is also converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or receive payment. An action for conversion of an instrument may not be brought by (i) the issuer or acceptor of the instrument or (ii) a payee or indorsee who did not receive delivery of the instrument either directly or through delivery to an agent or a co-payee.

(b) In an action under subsection (a), the measure of liability is presumed to be the amount payable on the instrument, but recovery may not exceed the amount of the plaintiff's interest in the instrument.

(c) A representative, other than a depositary bank, who has in good faith dealt with an instrument or its proceeds on behalf of one who was not the person entitled to enforce the instrument is not liable in conversion to that person beyond the amount of any proceeds that it has not paid out.

[1993 c 229 § 60.]

Notes:
     Recovery of attorneys' fees -- Effective date -- 1993 c 229: See RCW 62A.11-111 and 62A.11-112.

Sections:  Previous  62A.3-413  62A.3-414  62A.3-415  62A.3-416  62A.3-417  62A.3-418  62A.3-419  62A.3-420  62A.3-501  62A.3-502  62A.3-503  62A.3-504  62A.3-505  62A.3-512  62A.3-515  Next

Last modified: April 7, 2009