Utah Code » Title 70A, Chapter 3 — Uniform Commercial Code - Negotiable Instruments; part 70A-3-6 — Discharge and Payment
Utah Code

Utah Code § 70A-3-604 (2026)

Discharge by cancellation or renunciation

✓ current as of May 2026
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A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument by:
an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party's signature, or the addition of words to the instrument indicating discharge; or
by agreeing not to sue or otherwise renouncing rights against the party by a signed record.
The obligation of a party to pay a check is not discharged solely by destruction of the check in connection with a process in which information is extracted from the check and an image of the check is made and, subsequently, the information and image are transmitted for payment.
Cancellation or striking out of an indorsement pursuant to Subsection (1) does not affect the status and rights of a party derived from the indorsement.
Notes of Decisions
Cited in 1 case, 2017–2017 · leading case: Am. Express Bank v. Tanne, 2017 UT App 222 (Utah Ct. App. 2017).
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Am. Express Bank v. Tanne, 2017 UT App 222 (Utah Ct. App. 2017). · cites it 6× “¶4 The next claim raised is Tanne's brief is that the district court erred in its interpretation of Utah Code section 70A-3-604, which provides that "[a] person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the…”
— Utah Code § 70A-3-604(1) — 1 case
Am. Express Bank v. Tanne, 2017 UT App 222 (Utah Ct. App. 2017). “¶4 The next claim raised is Tanne's brief is that the district court erred in its interpretation of Utah Code section 70A-3-604, which provides that "[a] person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the…”
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