440.3604 Discharge by intentional voluntary act; canceling or striking out endorsement; "signed" defined.
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440.3604 Discharge by intentional voluntary act; canceling or striking out endorsement; "signed" defined.
Sec. 3604.
(1)A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument
(i)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
(ii)by agreeing not to sue or otherwise renouncing rights against the party by a signed record.
(2)Cancellation or striking out of an endorsement pursuant to subsection
(1)does not affect the status and rights of a party derived from the endorsement.
(3)As used 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.
History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1993, Act 130, Eff. Sept. 30, 1993 ;-- Am. 2014, Act 101 , Imd. Eff. Apr. 10, 2014