Colorado Revised Statutes

Colo. Rev. Stat. § 4-3-116 (2026)

Joint and several liability; contribution

✓ current as of July 2026

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(a) Except as otherwise provided in the instrument, two or more persons who have the same liability on an instrument as makers, drawers, acceptors, indorsers who indorse as joint payees, or anomalous indorsers are jointly and severally liable in the capacity in which they sign.

(b) Except as provided in section 4-3-419 (e) or by agreement of the affected parties, a party having joint and several liability who pays the instrument is entitled to receive from any party having the same joint and several liability contribution in accordance with applicable law.

(c) Discharge of one party having joint and several liability by a person entitled to enforce the instrument does not affect the right under subsection (b) of this section of a party having the same joint and several liability to receive contribution from the party discharged.

Source: L. 94: Entire article R&RE, p. 848, § 1, effective January 1, 1995.

Notes of Decisions

Cited in 2 cases, 1994–1996 · leading case: Dean Witter Reynolds, Inc. v. Hartman, 911 P.2d 1094 (Colo. 1996).

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Dean Witter Reynolds, Inc. v. Hartman, 911 P.2d 1094 (Colo. 1996). · cites it 3× “His claims against Norwest Bank were based on negligence, conversion and violation of section 4-3-116(b), 2 C.R.S. (1973) (current version at section 4-3-110(d), 2 C.”

Foley Custom Homes, Inc. v. Flater, 888 P.2d 363 (Colo. Ct. App. 1994). · cites it 3× “See also Restatement (Second) of Judgments § 53 (1982). The plaintiff in this case is FCH and not Foley.”

— Colo. Rev. Stat. § 4-3-116(b) — 1 case

Dean Witter Reynolds, Inc. v. Hartman, 911 P.2d 1094 (Colo. 1996). “His claims against Norwest Bank were based on negligence, conversion and violation of section 4-3-116(b), 2 C.R.S. (1973) (current version at section 4-3-110(d), 2 C.”

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