Nevada Code § 104.3310

Effect of instrument on obligation for which taken
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1. Unless otherwise agreed, if a certified
check, cashiers check or tellers 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 endorser of the instrument.
2. Unless otherwise agreed and except as
otherwise provided in subsection 1, 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 otherwise provided in paragraph (d),
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 which 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 obligees rights against the obligor are
limited to enforcement of the instrument.
3. If an instrument other than one
described in subsection 1 or 2 is taken for an obligation, the effect is:
(a) That stated in subsection 1 if the instrument
is one on which a bank is liable as maker or acceptor; or
(b) That stated in subsection 2 in any other
case.

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