Utah Code » Title 15, Chapter 4 — Joint Obligations
Utah Code

Utah Code § 15-4-4 (2026)

Release of co-obligor -- Reservation of rights

✓ current as of May 2026
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Subject to the provisions of Section

15-4-3

, 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, does not discharge co-obligors against whom the obligee in writing and as part of the same transaction as the release or discharge expressly reserves his rights; and in the absence of such a reservation of rights shall discharge co-obligors only to the extent provided in Section

15-4-5

.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1937–2023 · leading case: Nelson Ex Rel. Hirschfeld v. Corp. of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, 935 P.2d 512 (Utah 1997).
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Nelson Ex Rel. Hirschfeld v. Corp. of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, 935 P.2d 512 (Utah 1997). · cites it 36× “[3] Section 15-4-4 of the Joint Obligations Act, similar to section 78-27-42 of both the CNA and the LRA, provides that the release of one obligor does not discharge co-obligors against whom the obligee in writing expressly reserves his rights.”
Peterson v. Coca-Cola USA, 2002 UT 42 (Utah 2002). · cites it 4× “Utah Code Ann. § 15-4-4 (1999). Both acts similarly provide that "the release of one obligor does not discharge co-obligors against whom the obligee in writing expressly reserves his rights.”
Rodriguez v. Kroger Co., 2018 UT 25 (Utah 2018). · cites it 2× “" Utah Code § 15-4-4. In other words, the JOA requires a claim against a principal to be expressly reserved in order for it to be preserved.”
Holmstead v. Abbott G. M. Diesel, Inc., 493 P.2d 625 (Utah 1972). · cites it 4× “Section 15-4-4, U.C.A. 1953, provides clearly that the release of "one or more of joint or of joint and several obligors, shall not discharge co-obligors against whom the obligee in writing and as part of the same transaction as the release or discharge expressly reserves his…”
Moore v. Missouri Pac. R.R., 773 S.W.2d 78 (Ark. 1989). · cites it 2× “12, § 832 (West 1988); Utah Code Ann. § 15-4-4 (Repl.1986); Va.Code Ann.”
Krukiewicz v. Draper, 725 P.2d 1349 (Utah 1986). · cites it 2× “Section 78-27-42 is “by necessary implication” a pro tanto repeal of § 15-4-4 of the Joint Obligations Act, U.”
Billings v. Zions First Nat'l Bank, N.A. (In re Granada, Inc.), 110 B.R. 548 (Bankr. D. Utah 1990). · cites it 5× “…§ 78-27-42. Unless the trustee can establish that a preference cause of action is a tort, the broader provisions of Utah Code §§ 15-4-4, -5 (1988) apply. However, even if the court were to reject the trustee’s § 78-27-42 argument and apply §§ 15-4-4 and 15-4-5 to the present…”
SCM Land Co. v. Watkins & Faber, 732 P.2d 105 (Utah 1986). “Since SCM has not discussed what relevance § 15-4-4 may have to this issue, neither do we.”
Application of Peterson, 66 P.2d 1195 (Utah 1937). · cites it 2× “” The statute, section 15-4-4, vests in the court the power to impose taxes to be levied on the detached territory in proper cases.”
Thornock v. Jensen, 950 P.2d 441 (Utah Ct. App. 1997). · cites it 2× “On the contrary, such a bizarre result is “ ‘ “in blatant contravention of the express purpose of the statute.”
Matland v. United States, 285 F.2d 752 (3rd Cir. 1961). “It has been held that Utah Code Ann. § 15-4-4 (1953) does not change the common-law rule.”
Zurich Am. Ins. Co. & Fid. & Deposit Co. of Maryland v. Ascent Constr. (D. Utah 2023). · cites it 6× “Utah Code § 15-4-4 provides that, in the absence of a reservation of rights, “the obligee’s release or discharge of one or more of several obligors .”
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