N.C. Gen. Stat. » Chapter 25
NC General Statutes

N.C. Gen. Stat. § 25-3-602 (2026)

Payment

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(a) Subject to subsection (b) of this section, 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 G.S. 25-3-306 by another person.

(b) The obligation of a party to pay the instrument is not discharged under subsection (a) of this section if:

(1) A claim to the instrument under G.S. 25-3-306 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. (1899, c. 733, ss. 55, 88, 119, 121, 171 to 177; Rev., ss. 2204, 2238, 2269, 2271, 2321 to 2327; C.S., ss. 3036, 3070, 3101, 3103, 3153 to 3159; 1965, c. 700, s. 1; 1995, c. 232, s. 1.)

 

Notes of Decisions
Cited in 3 cases, 1978–2020 · leading case: Liles v. Myers, 248 S.E.2d 385 (N.C. Ct. App. 1978).
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Liles v. Myers, 248 S.E.2d 385 (N.C. Ct. App. 1978). “If such proof were not required, the plaintiff could negotiate the instrument to a third party who would become a holder in due course, bring a suit upon the note in her own name and obtain a judgment in her favor.”
Brown v. Between Dandelions, 849 S.E.2d 67 (N.C. Ct. App. 2020). · cites it 7× “Defendant argues in the alternative that the obligations under the notes have been satisfied by payment under N.C. Gen. Stat. § 25-3-602 , which provides that “an instrument is paid to the extent payment is made (i) by or on behalf of a party obliged to pay the instrument, and…”
Brown v. Between Dandelions, 849 S.E.2d 67 (N.C. Ct. App. 2020). · cites it 7× “Defendant argues in the alternative that the obligations under the notes have been satisfied by payment under N.C. Gen. Stat. § 25-3-602 , which provides that “an instrument is paid to the extent payment is made (i) by or on behalf of a party obliged to pay the instrument, and…”
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