N.Y. Uniform Commercial Code 4-301 – Deferred Posting; Recovery of Payment by Return of Items; Time of Dishonor
Section 4–301. Deferred Posting; Recovery of Payment by Return of
Terms Used In N.Y. Uniform Commercial Code 4-301
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Items; Time of Dishonor.
(1) Where an authorized settlement for a demand item (other than a documentary draft) received by a payor bank otherwise than for immediate payment over the counter has been made before midnight of the banking day of receipt the payor bank may revoke the settlement and recover any payment if before it has made final payment (subsection (1) of Section 4–213) and before its midnight deadline it
(a) returns the item; or
(b) sends written notice of dishonor or nonpayment if the item is
held for protest or is otherwise unavailable for return.
(2) If a demand item is received by a payor bank for credit on its books it may return such item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in the preceding subsection.
(3) Unless previous notice of dishonor has been sent an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this section.
(4) An item is returned:
(a) as to an item received through a clearing house, when it is
delivered to the presenting or last collecting bank or to the
clearing house or is sent or delivered in accordance with its
rules; or
(b) in all other cases, when it is sent or delivered to the
bank's customer or transferor or pursuant to his
instructions.