J. MILLARD TAWES, Governor                        859

(b) in any other case the obligation is suspended pro tanto until
the instrument is due or if it is payable on demand until its present-
ment. If the instrument is dishonored action may be maintained on
either the instrument or the obligation; discharge of the underlying
obligor on the instrument also discharges him on the obligation.

(2) The taking in good faith of a check which is not postdated
does not of itself so extend the time on the original obligation as to
discharge a surety.

3—803. Notice to Third Party.

Where a defendant is sued for breach of an obligation for which
a third person is answerable over under this Sub-title he may give
the third person written notice of the litigation, and the person
notified may then give similar notice to any other person who is
answerable over to him under this Sub-title. If the notice states that
the person notified may come in and defend and that if the person
notified does not do so he will in any action against him by the per-
son giving the notice be bound by any determination of fact common
to the two litigations, then unless after seasonable receipt of the
notice the person notified does come in and defend he is so bound.

3—804. Lost, Destroyed or Stolen Instruments.

The owner of an instrument which is lost, whether by destruction,
theft or otherwise, may maintain an action in his own name and
recover from any party liable thereon upon due proof of his owner-
ship, the facts which prevent his production of the instrument and
its terms. The court may require security indemnifying the defendant
against loss by reason of further claims on the instrument.

3—805. Instruments Not Payable to Order or to Bearer.

This Sub-title applies to any instrument whose terms do not pre-
clude transfer and which is otherwise negotiable within this Sub-
title but which is not payable to order or to bearer, except that there
can be no holder in due course of such an instrument.

Sub-title 4
Bank Deposits and Collections

Part 1
General Provisions and Definitions

4—101. Short Title.

This Sub-title shall be known and may be cited as Uniform Com-
mercial Code—Bank Deposits and Collections.

4—102. Applicability.

(1) To the extent that items within this Sub-title are also within
the scope of Sub-titles 3 and 8, they are subject to the provisions of
those Sub-titles. In the event of conflict the provisions of this Sub-
title govern those of Sub-title 3 but the provisions of Sub-title 8
govern those of this Sub-title.