U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS
..PART 6. DISCHARGE AND PAYMENT
§ 3-602. PAYMENT.
- (a) Subject to subsection (b), an instrument is
paid to the extent payment is made (i) by or on behalf of a party obliged
to pay the instrument, and (ii) to a person
entitled to enforce the instrument. To the extent of the payment, the obligation
of the party obliged to pay the instrument is discharged even though payment
is made with knowledge of a claim to the instrument under Section 3-306 by
another person.
- (b) The obligation of a party to
pay the instrument is not discharged
under subsection (a) if:
- (1) a claim to the instrument under
Section 3-306 is enforceable against the party receiving
payment and (i) payment is made with knowledge by the payor that payment
is prohibited by injunction or similar process of a court of competent
jurisdiction, or (ii) in the case of an instrument other than a cashier's
check, teller's check,
or certified check, the
party making payment accepted, from the person having a claim to the instrument,
indemnity against loss resulting from refusal to pay the person
entitled to enforce the instrument; or
- (2) the person making payment knows that the instrument is
a stolen instrument and pays a person it knows is in wrongful possession
of the instrument.
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© Copyright 2005 by The American Law Institute and the National Conference of Commissioners on Uniform State Laws; reproduced, published and distributed with the permission of the Permanent Editorial Board for the Uniform Commercial Code for the limited purposes of study, teaching, and academic research.