Conn. Gen. Stat. § 42a-4-401
This is the official text of Conn. Gen. Stat. § 42a-4-401, part of Connecticut’s Gen. Stat — part of the compiled statutory law of Connecticut, published by the state as "Gen. Stat." Browse the sections below, each linked to its official government source.
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Sec. 42a-4-401. When bank may charge customer's account.
Official statutory text
(b) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item.
(c) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in section 42a-4-403 (b) for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in section 42a-4-303 . If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under section 42a-4-402 .
(d) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to: (1) The original terms of the altered item; or (2) the terms of the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper.
Bank may charge against customer's account only properly payable items. 170 C. 691.
Rule that instrument containing an unauthorized endorsement is not properly payable does not apply to items with multiple endorsements when the instrument is payable in the alternative and one endorsement is valid. 68 CA 716. Plaintiff who was named beneficiary of a certificate of deposit found not to be a “customer” of bank for purposes of statute and not to have standing to bring an action pursuant to statute. 69 CA 813.
Cited. 5 Conn. Cir. Ct. 399.
(c) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in section 42a-4-403 (b) for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in section 42a-4-303 . If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under section 42a-4-402 .
(d) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to: (1) The original terms of the altered item; or (2) the terms of the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper.
Bank may charge against customer's account only properly payable items. 170 C. 691.
Rule that instrument containing an unauthorized endorsement is not properly payable does not apply to items with multiple endorsements when the instrument is payable in the alternative and one endorsement is valid. 68 CA 716. Plaintiff who was named beneficiary of a certificate of deposit found not to be a “customer” of bank for purposes of statute and not to have standing to bring an action pursuant to statute. 69 CA 813.
Cited. 5 Conn. Cir. Ct. 399.
Status: in_force · Read it on the official government site
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