30-3-605. Discharge by cancellation or renunciation. (1) A person entitled to enforce an instrument may, with or without consideration, discharge the obligation of a party to pay the instrument:

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Terms Used In Montana Code 30-3-605

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Party: means party to an instrument. See Montana Code 30-3-102
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Writing: includes printing. See Montana Code 1-1-203

(a)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

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

(2)Cancellation or striking out of an indorsement pursuant to subsection (1) does not affect the status and rights of a party derived from the indorsement.