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Tex. Bus. & Com. Code § 3.604

DISCHARGE BY CANCELLATION OR RENUNCIATION

Known as the Uniform Commercial Code

The act spans §§ 1–12 (616 sections).

Applied in 7 court decisions — leading case Bank One, Texas, N.A. v. Stewart (1998)

Most recently applied in Andrew Bradford West v. Oscar Leo Quintanilla (April 2019)

Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff

How often courts cite this section

199820002010201920
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument:

(1) 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

(2) by agreeing not to sue or otherwise renouncing rights against the party by a signed record.

(b) Cancellation or striking out of an indorsement pursuant to Subsection (a) does not affect the status and rights of a party derived from the indorsement.

(c) In this section, "signed," with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process with the present intent to adopt or accept the record.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.