Section 400.3-117

Title XXVI TRADE AND COMMERCE

Chapter 400

Effective - 28 Aug 1992, 2 histories   

  400.3-117.  Other agreements affecting instrument. — Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented, or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement.  To the extent an obligation is modified, supplemented, or nullified by an agreement under this section, the agreement is a defense to the obligation.

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(L. 1992 S.B. 448)

(1994) Although bank made payment to lock box identification number which appeared on face of check, it constitutes lack of ordinary care when bank made payment of check proceeds to lock box which did not belong to named payee which appeared on check.  Continental Airlines v. Boatmen's National Bank, 13 F.3d 1254 (8th Cir.)