ORS 73.0310
Effect of instrument on obligation for which taken


(1)

Unless otherwise agreed, if a certified check, cashier’s check or teller’s check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an indorser of the instrument.

(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]

Source: Section 73.0310 — Effect of instrument on obligation for which taken, https://www.­oregonlegislature.­gov/bills_laws/ors/ors073.­html.

73.0101
Short title
73.0102
Application of chapter
73.0103
Definitions
73.0104
Negotiable instrument
73.0105
Issue of instrument
73.0106
Unconditional promise or order
73.0107
Instrument payable in foreign money
73.0108
Payable on demand or at definite time
73.0109
Payable to bearer or to order
73.0110
Identification of person to whom instrument is payable
73.0111
Place of payment
73.0112
Interest
73.0113
Date of instrument
73.0114
Contradictory terms of instrument
73.0115
Incomplete instrument
73.0116
Joint and several liability
73.0117
Other agreements affecting instrument
73.0118
Statute of limitations
73.0119
Notice of right to defend action
73.0201
Negotiation
73.0202
Negotiation subject to rescission
73.0203
Transfer of instrument
73.0204
Indorsement
73.0205
Special indorsement
73.0206
Restrictive indorsement
73.0207
Reacquisition
73.0301
Person entitled to enforce instrument
73.0302
Holder in due course
73.0303
Value and consideration
73.0304
Overdue instrument
73.0305
Defenses and claims in recoupment
73.0306
Claims to an instrument
73.0307
Notice of breach of fiduciary duty
73.0308
Proof of signatures and status as holder in due course
73.0309
Enforcement of lost, destroyed or stolen instrument
73.0310
Effect of instrument on obligation for which taken
73.0311
Accord and satisfaction
73.0312
Lost, destroyed or stolen cashier’s check, teller’s check or certified check
73.0401
Signature
73.0402
Signature by representative
73.0403
Unauthorized signature
73.0404
Impostors
73.0405
Employer’s responsibility for fraudulent indorsement by employee
73.0406
Negligence contributing to forged signature or alteration of instrument
73.0407
Alteration
73.0408
Drawee not liable on unaccepted draft
73.0409
Acceptance of draft
73.0410
Acceptance varying draft
73.0411
Refusal to pay cashier’s checks, teller’s checks and certified checks
73.0412
Obligation of issuer of note or cashier’s check
73.0413
Obligation of acceptor
73.0414
Obligation of drawer
73.0415
Obligation of indorser
73.0416
Transfer warranties
73.0417
Presentment warranties
73.0418
Payment or acceptance by mistake
73.0419
Instruments signed for accommodation
73.0420
Conversion of instrument
73.0501
Presentment
73.0502
Dishonor
73.0503
Notice of dishonor
73.0504
Excused presentment and notice of dishonor
73.0505
Evidence of dishonor
73.0601
Discharge and effect of discharge
73.0602
Payment
73.0603
Tender of payment
73.0604
Discharge by cancellation or renunciation
73.0605
Discharge of indorsers and accommodation parties
Green check means up to date. Up to date