28-1-1504 . When acceptance of novation may be rescinded. When the obligation of a third person or an order upon the third person is accepted in satisfaction, the creditor may rescind the acceptance if: (1) the debtor prevents the third person from complying with the order or from fulfilling the obligation; (2) at the time the obligation or order is received, the third person is insolvent and the fact is unknown to the creditor; or (3) before the creditor can, with reasonable diligence, present the order to the third person upon whom it is given, the third person becomes insolvent.
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