Okla. Stat. tit. 12A, § 4-302
(b) The liability of a
payor bank to pay an item pursuant to subsection (a) of this section is subject to defenses based on breach of presentment warranty (Section 12A-4-208 of this title) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank.
Oklahoma Code Comment
1. This Section is substantially identical to pre-revision Section
4-302, with the addition of the last phrase in subsection 4-302(b) which recognizes the common law defense of fraud in the presentment or transfer of the item. The introductory language of pre-revision Section 4-302 is found at the beginning of current subsection (b).
See the Oklahoma Comment to Section 4-301 for a discussion of the determination of the day of presentment and notice of dishonor. The inclusion of the fraud defenses appears to modify the holdings of Oklahoma cases dealing with this subject due to the fact that those defenses would be available even if the item was not resumed or notice of dishonor was not given until after the midnight deadline.
2. As to whether the timing for the
midnight deadline begins to run when checks are presented to a separate data processing center, see Sass Trucking Inc. v. Security Bank & Trust Co., 737 P.2d 113 (Okla. 1987), and Reg. CC, 12 C.F.R. § 229.36(b).
Laws 1961, SB 36, p. 129, §