Colo. Rev. Stat. » Title 4
Colorado Revised Statutes

Colo. Rev. Stat. § 4-3-601 (2026)

Discharge and effect of discharge

✓ current as of July 2026
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(a) The obligation of a party to pay the instrument is discharged as stated in this article or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract.

(b) Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.

Source: L. 94: Entire article R&RE, p. 876, § 1, effective January 1, 1995.

Editor's note: This section is similar to former §§ 4-3-601 and 4-3-602 as they existed prior to 1994.

Notes of Decisions
Cited in 4 cases, 1987–1995 · leading case: Farner v. Cole, 778 P.2d 688 (Colo. 1989).
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Farner v. Cole, 778 P.2d 688 (Colo. 1989). · cites it 27× “Official Comment 2 to section 4-3-601 indicates that subsection (2) is designed to incorporate a provision from section 119 of the former Uniform Negotiable Instruments Act, which section provided that a negotiable instrument is discharged by “any other act which will discharge…”
City of Grand Junction v. Ute Water Conservancy Dist., 900 P.2d 81 (Colo. 1995). · cites it 2× “Section 4-3-601 governs the discharge of debt under Article 3, but does not provide clear guidance as to how to answer the question before us.”
Zelinger v. Columbia Sav. & Loan Ass'n, 768 P.2d 744 (Colo. Ct. App. 1988). · cites it 2× “Moreover, Columbia’s conduct contradicted any intent to hold Hayutin liable.”
Cole v. Farner, 749 P.2d 970 (Colo. Ct. App. 1987). · cites it 7× “The focus of Farners’ defense is therefore on § 4-3-601(2), C.R.S., which states: “Any party is also discharged from his liability on an instrument to another party by any other act or agreement with such party which would discharge his simple contract for the payment of money.”
— Colo. Rev. Stat. § 4-3-601(1) — 1 case
Farner v. Cole, 778 P.2d 688 (Colo. 1989). “Official Comment 2 to section 4-3-601 indicates that subsection (2) is designed to incorporate a provision from section 119 of the former Uniform Negotiable Instruments Act, which section provided that a negotiable instrument is discharged by “any other act which will discharge…”
— Colo. Rev. Stat. § 4-3-601(2) — 2 cases
Farner v. Cole, 778 P.2d 688 (Colo. 1989). “Official Comment 2 to section 4-3-601 indicates that subsection (2) is designed to incorporate a provision from section 119 of the former Uniform Negotiable Instruments Act, which section provided that a negotiable instrument is discharged by “any other act which will discharge…”
Cole v. Farner, 749 P.2d 970 (Colo. Ct. App. 1987). “The focus of Farners’ defense is therefore on § 4-3-601(2), C.R.S., which states: “Any party is also discharged from his liability on an instrument to another party by any other act or agreement with such party which would discharge his simple contract for the payment of money.”
— Colo. Rev. Stat. § 4-3-601(3) — 1 case
Cole v. Farner, 749 P.2d 970 (Colo. Ct. App. 1987). “The focus of Farners’ defense is therefore on § 4-3-601(2), C.R.S., which states: “Any party is also discharged from his liability on an instrument to another party by any other act or agreement with such party which would discharge his simple contract for the payment of money.”
— Colo. Rev. Stat. § 4-3-601(3)(a) — 1 case
Zelinger v. Columbia Sav. & Loan Ass'n, 768 P.2d 744 (Colo. Ct. App. 1988). “Moreover, Columbia’s conduct contradicted any intent to hold Hayutin liable.”
— Colo. Rev. Stat. § 4-3-601(l)(d) — 1 case
Farner v. Cole, 778 P.2d 688 (Colo. 1989). “Official Comment 2 to section 4-3-601 indicates that subsection (2) is designed to incorporate a provision from section 119 of the former Uniform Negotiable Instruments Act, which section provided that a negotiable instrument is discharged by “any other act which will discharge…”
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