Payment

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§3-1602. Payment

(1).  Subject to subsection (2), an instrument is paid to the extent payment is made:  

(a). By or on behalf of a party obliged to pay the instrument; and   [PL 1993, c. 293, Pt. A, §2 (NEW).]

(b). To a person entitled to enforce the instrument.   [PL 1993, c. 293, Pt. A, §2 (NEW).]

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 section 3-306 by another person.  

[PL 1993, c. 293, Pt. A, §2 (NEW).]

(2).  The obligation of a party to pay the instrument is not discharged under subsection (1) if:  

(a). A claim to the instrument under section 3-1306 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   [PL 1993, c. 293, Pt. A, §2 (NEW).]

(b). The person making payment knows that the instrument is a stolen instrument and pays a person that the person making payment knows is in wrongful possession of the instrument.   [PL 1993, c. 293, Pt. A, §2 (NEW).]

[PL 1993, c. 293, Pt. A, §2 (NEW).]

SECTION HISTORY

PL 1993, c. 293, §A2 (NEW).


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