Illinois General Assembly - Illinois Compiled Statutes

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810 ILCS 5/3-414

(810 ILCS 5/3-414) (from Ch. 26, par. 3-414)

Sec. 3-414.

Obligation of drawer.

(a) This Section does not apply to cashier's checks or other drafts
drawn on the drawer.

(b) If an unaccepted draft is dishonored, the drawer is obliged to pay
the draft (i) according to its terms at the time it was issued or, if not
issued, at the time it first came into possession of a holder, or (ii) if
the drawer signed an incomplete instrument, according to its terms when
completed as stated in Sections 3-115 and 3-407.  The obligation is owed to
a person entitled to enforce the draft or to an indorser who paid the
draft under Section 3-415.

(c) If a draft is accepted by a bank, the drawer is discharged,
regardless of when or by whom acceptance was obtained.

(d) If a draft is accepted and the acceptor is not a bank, the
obligation of the drawer to pay the draft if the draft is dishonored by the
acceptor is the same as the obligation of an indorser under Section
3-415(a) and (c).

(e) If a draft states that it is drawn "without recourse" or otherwise
disclaims liability of the drawer to pay the draft, the drawer is not
liable under subsection (b) to pay the draft if the draft is not a check.
A disclaimer of the liability stated in subsection (b) is not effective if the
draft is a check.

(f) If (i) a check is not presented for payment or given to a depositary
bank for collection within 30 days after its date, (ii) the drawee suspends
payments after expiration of the 30-day period without paying the check,
and (iii) because of the suspension of payments, the drawer is deprived of
funds maintained with the drawee to cover payment of the check, the drawer
to the extent deprived of funds may discharge its obligation to pay the
check by assigning to the person entitled to enforce the check the rights
of the drawer against the drawee with respect to the funds.

(Source: P.A. 87-582; 87-1135.)