Nevada Revised Statutes

Nev. Rev. Stat. § 101.040 (2026)

Payments credited to coobligors

✓ current as of July 2026
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NRS 101.040  Payments credited to coobligors.  The amount or value of any consideration received by the obligee from one or more of several obligors, or from one or more of joint, or of joint and several obligors, in whole or in partial satisfaction of their obligations, shall be credited to the extent of the amount received on the obligations of all coobligors to whom the obligor or obligors giving the consideration did not stand in the relation of a surety.

      [3:35:1927; NCL § 3702]

     

Notes of Decisions
Cited in 8 cases, 1963–2019 · leading case: W. Tech., Inc. v. All-Am. Golf Ctr., Inc., 139 P.3d 858 (Nev. 2006).
W. Tech., Inc. v. All-Am. Golf Ctr., Inc., 139 P.3d 858 (Nev. 2006). · cites it 9× “Second, a provision of the UJOA, NRS 101.040, deals with payments credited to co-obligors in situations where joint obligations exist, providing: 8 The amount or value of any consideration received by the obligee from one or more of several obligors, or from one or more of…”
Hansen v. Collett, 380 P.2d 301 (Nev. 1963). · cites it 2× “Section 101.040 merely provides that the amount or value of any consideration received by the obligee *175 from one or more of several obligors or of joint, or joint and several obligors, in whole or partial satisfaction, shall be credited to the extent of the amount received.”
Whittlesea v. Farmer, 469 P.2d 57 (Nev. 1970). · cites it 2× “Subject to the provisions of NRS 101.040, the obligee's release or discharge of one or more of several obligors, or of one or more of joint, or of joint and several obligors, shall not discharge coobligors, against whom the obligee in writing and as part of the same transaction…”
Branch Banking & Trust Co. v. Pebble Creek Plaza, LLC, 46 F. Supp. 3d 1061 (D. Nev. 2014). · cites it 4× “Finally, Defendants argue that, because the FDIC and Defendants are coobligors to the Loan, they are entitled to an offset of any amounts paid by the FDIC pursuant to NRS 101.040. NRS 101.040 provides that: [t]he amount or value of any consideration received by the obligee from…”
Orien v. Conway (Nev. 2019). · cites it 3× “In particular, appellant contends that NRS 101.040 allows a credit to a codefendant for title amount or value of consideration received" by the plaintiff from another codefendant and that, here, the amount of consideration respondent received from Mr.”
Orien v. Conway (Nev. 2019). · cites it 3× “In particular, appellant contends that NRS 101.040 allows a credit to a codefendant for title amount or value of consideration received" by the plaintiff from another codefendant and that, here, the amount of consideration respondent received from Mr.”
Branch Banking & Trust Co. v. Sossaman & Guadalupe Plaza, LLC, 47 F. Supp. 3d 1083 (D. Nev. 2014). · cites it 4× “Finally, Defendants argue that, because the FDIC and Defendants are coobligors to the Loan, they are entitled to an offset of any amounts paid by the FDIC pursuant to NRS 101.040. NRS 101.040 provides that: [t]he amount or value of any consideration received by the obligee from…”
Branch Banking & Trust Co. v. Eloy Bus. Park, LLC, 112 F. Supp. 3d 1129 (D. Nev. 2015). · cites it 4× “Finally, Defendants argue that, because the FDIC and Defendants are co-obligors to the Loan, they are entitled to an offset of any amounts paid by the FDIC pursuant to NRS 101.040. NRS 101.040 provides that: [t]he amount or value of any consideration received by the -obligee…”
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