Negotiable instruments are the promises or orders to pay to the other party with or without interest. Any party may be made liable on an instrument through the signature or by agent or representative or by any other means specified in the Uniform Commercial Code (UCC). The liability on the negotiable instrument to pay may be discharged through opting the methods for payment to the party who is the holder of the instrument or non-holder but having the rights of the holder of the instrument or authority to enforce the instrument. Such liability may also be released by the cancellation, dismantling, damaging, or surrendering of the negotiable instrument or eradicating the party’s signature bounded by the instrument. The liability on the instruments may also be discharged through any act or agreement for such discharge with the party entitled to receive payment under the instrument. It can be done through the tender of payment of duty to pay a negotiable instrument, by any intentional, voluntary act of surrender, destruction, mutilation, or cancellation of a negotiable instrument. In addition, the cancellation or removal of signature or any act or agreement with the other party that would discharge the liability on the negotiable instruments also leads to a discharge of the instrument.
Discharge by Payment
The instrument is regarded as paid to the extent of remittance made by or on the party’s behalf under the obligation to pay. It is given to the party authorized to enforce the instrument’s apprehension of the claims to the instrument by any other person. Also, adequate notification is required in case of the transfer of the note to the other party, and the payment is to be made to that party. Otherwise, the payment to the party entitled to enforce the instrument by or on behalf of the party obligated to pay will discharge the liability on such an instrument to the extent of the payment. There are also restrictions imposed upon the discharge of liability on instruments through payment. For example, if the payment is made with the knowledge of prohibition on the payment by injunction or another judicial process by the court of competent jurisdiction, it is restricted. Furthermore, the acceptance of restricted payment in case of instruments other than cashiers from the person bearing a claim to the instrument is prohibited. Furthermore, liability shall not be discharged through payment if the instrument is a stolen instrument and the person making the payment knows this fact.
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