(a) Subject to subsections (b), (c), and (d) and to IC 26-1-3.1-419 (d), if an instrument is dishonored, an endorser is obliged to pay the amount due on the instrument:
- (1) according to the terms of the instrument at the time it was endorsed; or
(2) if the endorser endorsed an incomplete instrument, according to its terms when completed, to the extent stated in IC 26-1-3.1-115 and IC 26-1-3.1-407 .
The obligation of the endorser is owed to a person entitled to enforce the instrument or to a subsequent endorser who paid the instrument under this section.
- (b) If an endorsement states that it is made "without recourse" or otherwise disclaims liability of the endorser, the endorser is not liable under subsection (a) to pay the instrument.
- (c) If notice of dishonor of an instrument is required by IC 26-1-3.1-503 and notice of dishonor complying with that section is not given to an endorser, the liability of the endorser under subsection (a) is discharged.
- (d) If a draft is accepted by a bank after an endorsement is made, the liability of the endorser under subsection (a) is discharged.
- (e) If an endorser of a check is liable under subsection (a) and the check is not presented for payment, or given to a depositary bank for collection, within thirty (30) days after the day the endorsement was made, the liability of the endorser under subsection (a) is discharged.
As added by P.L.222-1993, SEC.5.