(2) Unless otherwise agreed and except as provided in subsection (1) of this section, if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply:
(a) In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check.
(b) In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment.
(c) Except as provided in paragraph (d) of this subsection, if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of a third person that is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation.
(d) If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee’s rights against the obligor are limited to enforcement of the instrument.
(3) If an instrument other than one described in subsection (1) or (2) of this section is taken for an obligation, the effect is:
(a) That stated in subsection (1) of this section, if the instrument is one on which a bank is liable as maker or acceptor; or
(b) That stated in subsection (2) of this section in any other case. [1993 c.545 §39]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 073 - Negotiable Instruments
Section 73.0102 - Application of chapter.
Section 73.0103 - Definitions.
Section 73.0104 - Negotiable instrument; other definitions.
Section 73.0105 - Issue of instrument.
Section 73.0106 - Unconditional promise or order.
Section 73.0108 - Payable on demand or at definite time.
Section 73.0109 - Payable to bearer or to order.
Section 73.0110 - Identification of person to whom instrument is payable.
Section 73.0113 - Date of instrument.
Section 73.0115 - Incomplete instrument.
Section 73.0116 - Joint and several liability; contribution.
Section 73.0118 - Statute of limitations.
Section 73.0201 - Negotiation.
Section 73.0202 - Negotiation subject to rescission.
Section 73.0203 - Transfer of instrument; rights acquired by transfer.
Section 73.0204 - Indorsement.
Section 73.0205 - Special indorsement; blank indorsement; anomalous indorsement.
Section 73.0206 - Restrictive indorsement.
Section 73.0302 - Holder in due course.
Section 73.0303 - Value and consideration.
Section 73.0304 - Overdue instrument.
Section 73.0305 - Defenses and claims in recoupment.
Section 73.0307 - Notice of breach of fiduciary duty.
Section 73.0308 - Proof of signatures and status as holder in due course.
Section 73.0309 - Enforcement of lost, destroyed or stolen instrument.
Section 73.0310 - Effect of instrument on obligation for which taken.
Section 73.0312 - Lost, destroyed or stolen cashier’s check, teller’s check or certified check.
Section 73.0402 - Signature by representative.
Section 73.0403 - Unauthorized signature.
Section 73.0404 - Impostors; fictitious payees.
Section 73.0405 - Employer’s responsibility for fraudulent indorsement by employee.
Section 73.0406 - Negligence contributing to forged signature or alteration of instrument.
Section 73.0409 - Acceptance of draft; certified check.
Section 73.0410 - Acceptance varying draft.
Section 73.0411 - Refusal to pay cashier’s checks, teller’s checks and certified checks.
Section 73.0413 - Obligation of acceptor.
Section 73.0414 - Obligation of drawer.
Section 73.0415 - Obligation of indorser.
Section 73.0416 - Transfer warranties.
Section 73.0417 - Presentment warranties.
Section 73.0418 - Payment or acceptance by mistake.
Section 73.0419 - Instruments signed for accommodation.
Section 73.0420 - Conversion of instrument.
Section 73.0501 - Presentment.
Section 73.0503 - Notice of dishonor.
Section 73.0504 - Excused presentment and notice of dishonor.
Section 73.0505 - Evidence of dishonor.
Section 73.0601 - Discharge and effect of discharge.
Section 73.0603 - Tender of payment.
Section 73.0604 - Discharge by cancellation or renunciation.
Section 73.0605 - Discharge of indorsers and accommodation parties.