GroundRules
← Search the law
South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 36-4-407: Payor bank's right to subrogation on improper payment.

Read at publisher ↗
Where this section sits in the code
  1. Title 36 - COMMERCIAL CODE
  2. CHAPTER 4 Commercial Code—Bank Deposits and Collections
  3. Part 4 Relationship Between Payor Bank and Its Customer

If a payor bank has paid an item over the order of the drawer or maker to stop payment, or after an account has been closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor bank is subrogated to the rights

(1) of any holder in due course on the item against the drawer or maker;

(2) of the payee or any other holder of the item against the drawer or maker either on the item or under the transaction out of which the item arose; and

(3) of the drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose.

Collected 2026-09-02T07:08:19Z. Source file · JSON

Browse this collection