7-3-413
Section 7-3-413 Obligation of acceptor. (a) The acceptor of a draft is obliged to pay the draft
(i) according to its terms at the time it was accepted, even though the acceptance states
that the draft is payable "as originally drawn" or equivalent terms, (ii) if the
acceptance varies the terms of the draft, according to the terms of the draft as varied, or
(iii) if the acceptance is of a draft that is an incomplete instrument, according to its terms
when completed, to the extent stated in Sections 7-3-115 and 7-3-407. The obligation is owed
to a person entitled to enforce the draft or to the drawer or an indorser who paid the draft
under Section 7-3-414 or 7-3-415. (b) If the certification of a check or other acceptance
of a draft states the amount certified or accepted, the obligation of the acceptor is that
amount. If (i) the certification or acceptance does not state an amount, (ii) the amount of
the instrument is subsequently raised, and (iii) the instrument is then negotiated to a...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-413.htm - 1K - Match Info - Similar pages

5-8A-40
Section 5-8A-40 Preferred claims. In addition to any other laws of this state or of the United
States granting priority, any draft or cashier's check issued and drawn against actual existing
value by any bank prior to its failure or closing and given in payment of clearings and any
money paid in the usual course of business to any bank in payment of a draft for the bona
fide transfer of funds shall be a preferred claim against the assets of the bank, irrespective
of whether the fund representing such item or items can be traced and identified as part of
such assets or has been intermingled with or converted into other assets of such failed bank.
(Acts 1980, No. 80-658, §5-8-40.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-8A-40.htm - 994 bytes - Match Info - Similar pages

11-46-68
Section 11-46-68 Miscellaneous offenses. (a) Any person who shall willfully fail or refuse
to perform or discharge any duty relating to absent voters required of him by this article
shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $100.00.
(b) Any person found drunk or intoxicated at or about any polling place during any municipal
election day is guilty of a misdemeanor and, upon conviction, shall be fined not more than
$500.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county
for not more than six months. (c) Any person who, at a municipal election, interferes with
any elector when inside the polling place or when marking the ballot, or unduly influences
or attempts to unduly influence any elector in the preparation of his ballot must, on conviction,
be fined not less than $10.00 nor more than $100.00. (d) Any person who, during or before
a municipal election, willfully removes, tears down, destroys, or defaces any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-46-68.htm - 4K - Match Info - Similar pages

41-10-361
Section 41-10-361 Liability upon bonds of authority; authorization of authority to pledge for
payment of principal and interest of bonds; bonds deemed negotiable instruments. The bonds
shall not be general obligations of the authority but shall be payable solely out of the funds
appropriated and pledged therefor in Section 41-10-365 of this article. As security for the
payment of the principal of and interest on the bonds issued by it under this article, the
authority is hereby authorized and empowered to pledge for payment of the said principal and
interest the funds that are appropriated and pledged in Section 41-10-365 of this article
for payment of the said principal and interest. All such pledges made by the authority shall
take precedence in the order of the adoption of the resolutions containing such pledges. All
bonds issued by the authority pursuant to the provisions of this article shall be solely and
exclusively obligations of the authority and shall not be an obligation or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-10-361.htm - 1K - Match Info - Similar pages

7-3-112
Section 7-3-112 Interest. (a) Unless otherwise provided in the instrument, (i) an instrument
is not payable with interest until dishonor, and (ii) interest on an interest-bearing instrument
is payable from the date of the instrument. (b) Interest may be stated in an instrument as
a fixed or variable amount of money or it may be expressed as a fixed or variable rate or
rates. The amount or rate of interest may be stated or described in the instrument in any
manner and may require reference to information not contained in the instrument. If an instrument
provides for interest, but the amount of interest payable cannot be ascertained from the description,
interest is payable at the judgment rate in effect at the place of payment of the instrument
and at the time interest first accrues. (Acts 1995, No. 95-668, p. 1381, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-112.htm - 1K - Match Info - Similar pages

7-3-411
Section 7-3-411 Refusal to pay cashier's checks, teller's checks, and certified checks. (a)
In this section, "obligated bank" means the acceptor of a certified check or the
issuer of a cashier's check or teller's check bought from the issuer. (b) If the obligated
bank wrongfully (i) refuses to pay a cashier's check or certified check, (ii) stops payment
of a teller's check, or (iii) refuses to pay a dishonored teller's check, the person asserting
the right to enforce the check is entitled to compensation for expenses and loss of interest
resulting from the nonpayment and may recover consequential damages if the obligated bank
refuses to pay after receiving notice of particular circumstances giving rise to the damages.
(c) Expenses or consequential damages under subsection (b) are not recoverable if the refusal
of the obligated bank to pay occurs because (i) the bank suspends payments, (ii) the obligated
bank asserts a claim or defense of the bank that it has reasonable grounds to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-411.htm - 1K - Match Info - Similar pages

7-3-414
Section 7-3-414 Obligation of drawer. (a) This section does not apply to cashier's checks or
other drafts drawn on the drawer. (b) If an unaccepted draft is dishonored, the drawer is
obliged to pay the draft (i) according to its terms at the time it was issued or, if not issued,
at the time it first came into possession of a holder, or (ii) if the drawer signed an incomplete
instrument, according to its terms when completed, to the extent stated in Sections 7-3-115
and 7-3-407. The obligation is owed to a person entitled to enforce the draft or to an indorser
who paid the draft under Section 7-3-415. (c) If a draft is accepted by a bank, the drawer
is discharged, regardless of when or by whom acceptance was obtained. (d) If a draft is accepted
and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft
is dishonored by the acceptor is the same as the obligation of an indorser under Section 7-3-415(a)
and (c). (e) If a draft states that it is drawn...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-414.htm - 2K - Match Info - Similar pages

11-81-222
Section 11-81-222 Contents of complaint; order and notice of hearing to show cause why obligations
not valid. (a) The complaint by appropriate allegations, references or exhibits shall briefly
state the following: the authority for issuing such obligations; the resolution or resolutions
authorizing their issuance and the fact of their adoption and all essential proceedings had
or taken in connection therewith; the amount of the obligations to be issued; the maximum
rate of interest they are to bear; when principal and interest are to be paid and the place
of payment (unless the successful bidder at public sale will have the right to name, designate,
request or suggest the place of payment, which shall be stated if this is the case); the taxes,
other revenues or other means provided for their payment; and, in the case of obligations
payable from taxes, the amount of outstanding indebtedness payable or secured by the same
taxes and the assessed valuation for the then preceding tax year...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-81-222.htm - 4K - Match Info - Similar pages

19-1-5
Section 19-1-5 Check drawn by fiduciary payable to third person. If a check or other bill of
exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered
to draw such instrument in the name of his principal, the payee is not bound to inquire whether
the fiduciary is committing a breach of his obligation as fiduciary in drawing or delivering
the instrument, and is not chargeable with notice that the fiduciary is committing a breach
of his obligation as fiduciary unless he takes the instrument with actual knowledge of such
breach or with knowledge of such facts that his action in taking the instrument amounts to
bad faith. If, however, such instrument is payable to a personal creditor of the fiduciary
and delivered to the creditor in payment of or as security for a personal debt of the fiduciary
to the actual knowledge of the creditor, or is drawn and delivered in any transaction known
by the payee to be for the personal benefit of the fiduciary, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-1-5.htm - 1K - Match Info - Similar pages

7-3-307
Section 7-3-307 Notice of breach of fiduciary duty. (a) In this section: (1) "Fiduciary"
means an agent, trustee, partner, corporate officer or director, or other representative owing
a fiduciary duty with respect to an instrument. (2) "Represented person" means the
principal, beneficiary, partnership, corporation, or other person to whom the duty stated
in subdivision (1) is owed. (b) If (i) an instrument is taken from a fiduciary for payment
or collection or for value, (ii) the taker has knowledge of the fiduciary status of the fiduciary,
and (iii) the represented person makes a claim to the instrument or its proceeds on the basis
that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply:
(1) Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented
person. (2) In the case of an instrument payable to the represented person or the fiduciary
as such, the taker has notice of the breach of fiduciary duty if the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-307.htm - 2K - Match Info - Similar pages