Nevada § 104.3418 - Payment or acceptance by mistake

§ 104.3418. Payment or acceptance by mistake

1. Except as otherwise provided in subsection 3, if the drawee of a draft pays or

accepts the draft and the drawee acted on the mistaken belief that payment of the

draft had not been stopped pursuant to NRS 104.4403 or the signature of the drawer of the draft was authorized, the drawee may recover

the amount of the draft from the person to whom or for whose benefit payment was made

or, in the case of acceptance, may revoke the acceptance. Rights of the drawee under this subsection are not affected by his or her failure

to exercise ordinary care in paying or accepting the draft. 2. Except as otherwise provided in subsection 3, if an instrument has been paid or

accepted by mistake and the case is not covered by subsection 1, the person paying

or accepting may, to the extent permitted by the law governing mistake and restitution: (a) Recover the payment from the person to whom or for whose benefit payment was made;

or (b) In the case of acceptance, may revoke the acceptance. 3. The remedies provided by subsection 1 or 2 may not be asserted against a person

who took the instrument in good faith and for value or who in good faith changed position

in reliance on the payment or acceptance. This subsection does not limit remedies provided by NRS 104.3417 or 104.4407 . 4. If an instrument is paid or accepted by mistake and the payor or acceptor recovers

payment or revokes acceptance under subsection 1 or 2, the instrument is deemed not

to have been paid or accepted and is treated as dishonored, and the person from whom

payment is recovered has rights as a person entitled to enforce the dishonored instrument.