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Hastings Law Journal

Abstract

The California Supreme Court in Sun "n Sand held that the drawer of a check may utilize the warranties on presentment found in U.C.C. §§ 3-417 and 4-207 to maintain a direct action against a collecting bank to recover the amount of a forged or materially altered check charged against the drawer's account. This Note criticizes the court's characterization of the drawer as an "other payor" and shows how the court's ruling, intended to avoid a multiplicity of lawsuits, may not only have the opposite result but will also place the collecting bank at a disadvantage in defending a suit against the drawer.

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