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Banking and Finance Law

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University of Michigan Law School

Michigan Law Review

Journal

1933

California

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Bills And Notes-Liability Of An Acceptor On An Altered Instrument Jan 1933

Bills And Notes-Liability Of An Acceptor On An Altered Instrument

Michigan Law Review

Section 62 of the N. I. L. (Uniform Negotiable Instruments Law) provides: "The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance; and admits,-- (1) The existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument, and (2) The existence of the payee and his then capacity to indorse." A recent California case decided that by force of this section, a bank certifying and paying a check on which the payee's name had been changed could not recover the money from the holder …