§490:4A-303 Erroneous execution of payment
order. (a) A receiving bank that (i) executes the payment order of the
sender by issuing a payment order in an amount greater than the amount of the
sender's order, or (ii) issues a payment order in execution of the sender's
order and then issues a duplicate order, is entitled to payment of the amount
of the sender's order under section 490:4A-402(c) if that subsection is
otherwise satisfied. The bank is entitled to recover from the beneficiary of
the erroneous order the excess payment received to the extent allowed by the
law governing mistake and restitution.
(b) A receiving bank that executes the payment
order of the sender by issuing a payment order in an amount less than the
amount of the sender's order is entitled to payment of the amount of the
sender's order under section 490:4A-402(c) if (i) that subsection is otherwise
satisfied and (ii) the bank corrects its mistake by issuing an additional
payment order for the benefit of the beneficiary of the sender's order. If the
error is not corrected, the issuer of the erroneous order is entitled to
receive or retain payment from the sender of the order it accepted only to the
extent of the amount of the erroneous order. This subsection does not apply if
the receiving bank executes the sender's payment order by issuing a payment
order in an amount less than the amount of the sender's order for the purpose
of obtaining payment of its charges for services and expenses pursuant to
instruction of the sender.
(c) If a receiving bank executes the payment
order of the sender by issuing a payment order to a beneficiary different from
the beneficiary of the sender's order and the funds transfer is completed on
the basis of that error, the sender of the payment order that was erroneously
executed and all previous senders in the funds transfer are not obliged to pay
the payment orders they issued. The issuer of the erroneous order is entitled
to recover from the beneficiary of the order the payment received to the extent
allowed by the law governing mistake and restitution. [L 1991, c 41, pt of §1]