A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument.
Conn. Gen. Stat. § 42a-3-306
(1959, P.A. 133, S. 3-306; P.A. 91-304, S. 32.)
Waiver of defense clause in consumer sales contract void as opposed to policy of section. 158 Conn. 543. Cited. 205 Conn. 604; 207 Conn. 483; 217 Conn. 205; 240 Conn. 10. Cited. 33 Conn.Supp. 641.
See Sec. 42a-3-305(a)(2) for successor provisions to Sec. 42a-3-306(b), revised to 1991, re defenses available in an action on a simple contract. See Secs. 42a-3-105(b), 42a-3-303(b) and 42a-3-305(a)(2) for successor provisions to Sec. 42a-3-306(c), revised to 1991, re defenses of want or failure of consideration, nonperformance of any condition precedent, nondelivery or delivery for a special purpose. See Sec. 42a-3-305(c) for successor provisions to Sec. 42a-3-306(d), revised to 1991, re defense that the instrument was acquired by theft.