Nebraska Uniform Commercial Code 3-601
- Uniform Commercial Code
Discharge and effect of discharge.
(a) The obligation of a party to pay the instrument is discharged as stated in this article or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract.
(b) Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.
- Laws 1991, LB 161, § 67.
For purposes of subsection (1) of former section 3-601, a setoff is a means of satisfaction of a debt. Harmon Cable Communications v. Scope Cable Television, 237 Neb. 871, 468 N.W.2d 350 (1991).
Subsection (2) of former section 3-601 is a "catchall" provision which does not come into play if a debt is discharged by some means encompassed in subsection (1) of this section. Harmon Cable Communications v. Scope Cable Television, 237 Neb. 871, 468 N.W.2d 350 (1991).
Subsection (a) replaces subsections (1) and (2) of former section 3-601. Subsection (b) restates former section 3-602. Notice of discharge is not treated as notice of a defense that prevents holder-in-due-course status. Section 3-302(b). Discharge is effective against a holder in due course only if the holder had notice of the discharge when holder-in-due-course status was acquired. For example, if an instrument bearing a canceled indorsement is taken by a holder, the holder has notice that the indorser has been discharged. Thus, the discharge is effective against the holder even if the holder is a holder in due course.