3416 - Transfer warranties.

     § 3416.  Transfer warranties.        (a)  Warranties to transferees.--A person who transfers an     instrument for consideration warrants to the transferee and, if     the transfer is by indorsement, to any subsequent transferee     that:            (1)  the warrantor is a person entitled to enforce the        instrument;            (2)  all signatures on the instrument are authentic and        authorized;            (3)  the instrument has not been altered;            (4)  the instrument is not subject to a defense or claim        in recoupment of any party which can be asserted against the        warrantor; and            (5)  the warrantor has no knowledge of any insolvency        proceeding commenced with respect to the maker or acceptor        or, in the case of an unaccepted draft, the drawer.        (b)  Damages for breach of warranty.--A person to whom the     warranties under subsection (a) are made and who took the     instrument in good faith may recover from the warrantor as     damages for breach of warranty an amount equal to the loss     suffered as a result of the breach, but not more than the amount     of the instrument plus expenses and loss of interest incurred as     a result of the breach.        (c)  Prohibition against disclaimer of warranties regarding     checks.--The warranties stated in subsection (a) cannot be     disclaimed with respect to checks. Unless notice of a claim for     breach of warranty is given to the warrantor within 30 days     after the claimant has reason to know of the breach and the     identity of the warrantor, the liability of the warrantor under     subsection (b) is discharged to the extent of any loss caused by     the delay in giving notice of the claim.        (d)  Action for breach of warranty.--A cause of action for     breach of warranty under this section accrues when the claimant     has reason to know of the breach.