Okla. Stat. tit. 12A § 3-310

Current through Laws 2024, c. 453.

Section 3-310 - Effect of Instrument on Obligation for Which Taken

(a) Unless otherwise agreed, if a certified check, cashier's check, or teller's check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an indorser of the instrument.

(b) Unless otherwise agreed and except as provided in subsection (a) of this section, if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply:

(1) In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check;

(2) In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment;

(3) Except as provided in paragraph (4) of this subsection, if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of a third person which is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation; and

(4) If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen, or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee's rights against the obligor are limited to enforcement of the instrument.

(c) If an instrument other than one described in subsection (a) or (b) of this section is taken for an obligation, the effect is (i) that stated in subsection (a) of this section if the instrument is one on which a bank is liable as maker or acceptor, or (ii) that stated in subsection (b) of this section in any other case.

Okla. Stat. tit. 12A, § 3-310

Added by Laws 1991, SB 25, c. 117, § 61, eff. 1/1/1992.

Oklahoma Code Comment

1. Section 3-310 expands, but does not change, pre-revision Section 3-802 to cover situations in which an instrument other than a note or check is given for an obligation. Comparing prerevision Section 3-802 to this Section, sub sections 3-310(b)(1) and (b) ( 2) only deal with payment or certification. There are other ways to discharge an instrument, and any discharge on the instrument results in discharge of the underlying obligation Subsections (b)(l) and (b)(2) are too narrow and should not be regarded as exclusive, as there was no intent to change the law.

2. Under this Section, if a cashier's check or other similar check is taken for an obligation, the obligation is discharged. This does not, however, prevent suit against the obligor as an indorser of the check.

3. The holding of In re Hayman, 6 U.C.C. Rep. Serv. 928 (Bankr. W.D. Okla. 1969) is in accordance with subsection (b)(l). The court found that when payment of a personal check, accepted for a debt, was stopped, an action could be maintained on the original debt.

4. Subsection (b)(4) helps resolve the uncertain applicability of pre-revision Section 3-802 to cases where a check is stolen, the payee's signature is forged, and the forger obtains payment. In such instance, the obligation is suspended under subsection (b)(1), and the payee's cause of action is against the payor bank in conversion and against the drawer under Section 3-309 if the instrument is not available. See UCC § 3-309. If the instrument is available through legal process, such as replevin, the payee must obtain the instrument through legal process and sue on the instrument. The payee cannot sue the drawer on the underlying contract.