Section 3--305. Rights of a Holder in Due Course  


Latest version.
  • To  the  extent  that  a holder is a holder in due course he takes the
      instrument free from
        (1) all claims to it on the part of any person; and
        (2) all defenses of any party to the instrument with whom  the  holder
      has not dealt except
             (a) infancy,  to  the  extent  that  it  is a defense to a simple
                 contract; and
             (b) such other  incapacity,  or  duress,  or  illegality  of  the
                 transaction,  as  renders  the  obligation  of  the  party  a
                 nullity; and
             (c) such misrepresentation as has induced the party to  sign  the
                 instrument  with neither knowledge nor reasonable opportunity
                 to obtain knowledge of its character or its essential  terms;
                 and
             (d) discharge in insolvency proceedings; and
             (e) any  other  discharge  of which the holder has notice when he
                 takes the instrument.