Christensen v. McAtee

The plaintiff secured a judgment on a promissory-note executed by the defendants, and the defendant Paul McAtee appeals. The note was secured by a mortgage executed by the defendant McAtee Builders, Inc., on real property owned by McAtee Builders, Inc. Paul McAtee’s defense was that he was discharged from his obligation because plaintiff, without Paul McAtee’s consent, released the mortgage given by Mc-Atee Builders.

Section 73.6060 (1) (b) of the Uniform Commercial Code provides:

“(1) The holder discharges any party to the instrument to the extent that without such party’s consent the holder:

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