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 obligation of all co-obligors to whom the obligor or obligors giving the consideration did not stand in the relation of a surety.
No Change Since 1953
Notes of Decisions
Jorgensen v. Aetna Cas. & Sur. Co., 769 P.2d 809 (Utah 1988).
· cites it 74× “Utah Code Ann. § 15-4-3 (1986). Under Aetna's interpretation of the statute, when a payment is made by one who owes both an individual debt and a joint and several debt, the creditor must always apply the payment to the joint and several debt rather than to the individual debt.”
Carter v. DONE, 2012 UT App 72, 276 P.3d 1127.
· cites it 4× “2d 512, 514-15 (Utah 1997) (plurality opinion) (citing a prior version of Utah Code section 15-4-3 (current version at Utah Code Ann. § 15-4-3 (2009))) (noting that where the plaintiff had already settled with a church's volunteer, the "plaintiff [could] not recover a windfall…”
Lange v. Eby, 2006 UT App 118, 133 P.3d 451.
· cites it 4× “See Utah Code Ann. § 15-4-3 (2001). Specifically, Eby argues that the trial court committed legal error under each of the following subsections of Utah Rule of Civil Procedure 60(b): 60(b)(1) (mistake); 2 60(b)(4) (the judgment is void); 60(b)(5) (no longer equitable for the…”
Application of Peterson, 66 P.2d 1195 (Utah 1937).
· cites it 2× “In section 15-4-3, referring to the commissioners’ report, the language is: “Upon the filing of such report the court shall decree in accordance therewith and with the prayer of the petition, unless for good cause shown the court shall modify the same, or shall reject or set…”
Zurich Am. Ins. Co. v. Ascent Constr., No. 1:20-cv-00089 (D. Utah Feb. 20, 2025).
· cites it 7× “Similarly, Defendants Ascent and Knowlton invoke99 Utah Code § 15-4-3, which provides: 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…”
Plateau Uranium Inv. Corp. v. Sugar & Ulmer, 326 P.2d 1022 (Utah 1958).
· cites it 2× “1953, provides that: “Subject to the provisions of section 15-4-3, the obligee’s release or discharge of one or more of several obli-gors, 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…”
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