35-2-106 - Check drawn by and payable to fiduciary Uniform Veterans' Guardianship Act unaffected.

35-2-106. Check drawn by and payable to fiduciary Uniform Veterans' Guardianship Act unaffected.

(a)  If a check or other bill of exchange is drawn by a fiduciary as such or in the name of the principal by a fiduciary empowered to draw such instrument in the name of the principal, payable to the fiduciary personally, or payable to a third person and by the third person transferred to the fiduciary, and is thereafter transferred by the fiduciary, whether in payment of a personal debt of the fiduciary or otherwise, the transferee is not bound to inquire whether the fiduciary is committing a breach of the fiduciary's obligation as fiduciary in transferring the instrument, and is not chargeable with notice that the fiduciary is committing a breach of the obligation as fiduciary unless the transferee takes the instrument with actual knowledge of such breach or with knowledge of such facts that the action in taking the instrument amounts to bad faith, except and provided that title 34, chapter 5, being the Uniform Veterans' Guardianship Act, is not by this chapter amended.

(b)  This chapter shall not apply in any situation governed by the Uniform Veterans' Guardianship Act, compiled in title 34, chapter 5.

[Acts 1953, ch. 82, § 6 (Williams, § 9596.23); T.C.A. (orig. ed.), § 35-207.]