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39 Am. Bus. L.J. 25 (2001-2002)
The Impostor Rule and the Nature of Forgery under the Revised Uniform Commercial Code: A Doctrinal Analysis and Some Suggestions for the Drafting Committee

handle is hein.journals/ambuslj39 and id is 37 raw text is: 



















THE IMPOSTOR RULE AND THE NATURE OF
  FORGERY UNDER THE REVISED UNIFORM
        COMMERCIAL CODE: A DOCTRINAL
   ANALYSIS AND SOME SUGGESTIONS FOR
             THE DRAFTING COMMITTEE



                             Steven B. Dow*


                          I. INTRODUCTION

   In revising Uniform Commercial Code (U.C.C.) Article 3,' one of



   School of Criminal Justice, Michigan State University; J.D., 1978, Ohio State
University; Ph.D., 1999, The University of Michigan. The author wishes to thank Professor
Randall McGowan, University of Oregon, for providing copies of his published work.
   ' U.C.C. art. 3 (1990). The revisions, which began in 1985 and were completed in 1990,
attempted to delineate the effect of final payment on the payor bank's restitutionary rights,
which makes it very relevant for this article, as well as to accommodate electronic check
proccssing methods. Se Robert C. Ballen et al., CommercialPaper, Bank Deposits and Collections,
and Other Payment Systems, 45 Bus. LAW. 2341 (1990). See generally id. at 2355-57; Robert G.
Ballen et al., Commercial Paper, Bank Deposits and Collections, and Other Payment Systems, 44 Bus.
LAW. 1515, 1538-51 (1989); Thomas C. Baxter,Jr. etal.,ReisedArticles3and 4of the UC.C.:
Will New York SayNvix?, 114 BANKING LJ. 219 (1997);JohnJ. A. Burke, Loss Allocation Rules
of the Check Payment System With Respect to Wrongfid Honor, Alterations; Lost, Stolen, or Destroyed
Checks; and Forged Accounts: An Explanation of the Present and Revised U CC Articles 3 and 4, 26
UCC LJ. 41 (1993);JohnJ.A. Burkc, Loss Allocation Rules of the Check Payment System With
Respect to Forged Drawer Sgnatures and Forged Indorsements. An Explanation of the Present and Revised

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