Section 4-207 - Transfer Warranties(a) A customer or collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to any subsequent collecting bank that: (1) The warrantor is a person entitled to enforce the item;(2) All signatures on the item are authentic and authorized;(3) The item has not been altered;(4) The item is not subject to a defense or claim in recoupment (subsection (a) of Section 3-305 of this title) of any party that can be asserted against the warrantor; and(5) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer.(b) If an item is dishonored, a customer or collecting bank transferring the item and receiving settlement or other consideration is obliged to pay the amount due on the item (i) according to the terms of the item at the time it was transferred, or (ii) if the transfer was of an incomplete item, according to its terms when completed as stated in Sections 3-115 and 3-407 of this title. The obligation of a transferor is owed to the transferee and to any subsequent collecting bank that takes the item in good faith. A transferor cannot disclaim its obligation under this subsection by an indorsement stating that it is made "without recourse" or otherwise disclaiming liability. (c) A person to whom the warranties under subsection (a) of this section are made and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the item plus expenses and loss of interest incurred as a result of the breach.(d) The warranties stated in subsection (a) of this section cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty (30) days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim. (e) A claim for relief for breach of warranty under this section accrues when the claimant has reason to know of the breach.Okla. Stat. tit. 12A, § 4-207
Laws 1961, p. 124, § 4-207; Amended by Laws 1991, SB 25, c. 117, § 111, eff. 1/1/1992.Oklahoma Code Comment
See the Oklahoma and Official Comments to Section 3-416 . The fact that damages for breach of warranty under this Section include expenses does not now make these actions attorney's fee cases. The action is not on the instrument, so 12 O.S. §936 does not apply. Oklahoma has an affinity for the American Rule that probably will not be overcome simply by use of the word "expenses." See. Goodman v. Norman Bank of Commerce 565 P.2d 372 (Okla. 1977), over-ruled on other grounds, Reynolds-Wilson Lumber Co. V. Peoples Nat'l Bank, 699 P.2d 146 (Okla. 1985). But see Guaranty Bank & Trust Co. v. Federal Reserve Rank of Kansas City, 454 F.Supp. 488 (W.D. Okla. 1977). An agreement between the parties, however, should be able to provide for the recovery of fees and also to set the rate of interest recovery. In the absence of an agreement, the rate of interest would be set by 15 O.S. § 266.