Lawgist40Discharge of indorser's liability
Where the holder of a negotiable instrument, without the consent of the indorser, destroys or impairs the indorser's remedy against a prior party, the indorser is discharged from liability to the holder to the same extent as if the instrument had been paid at maturity.
Illustration
A is the holder of a bill of exchange made payable to the order of B, which contains the following indorsements in blank:--
First indorsement, "B".
Second indorsement, "Peter Williams".
Third indorsement, "Wright & Co".
Fourth indorsement. "John Rozario".
This bill A puts in suit against John Rozario and strikes out, without John Rozario's consent, the indorsements by Peter Williams and Wright & Co. A is not entitled to recover anything from John Rozario.
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- 26 Capacity to make, etc., promissory notes, etc
- 27 Agency
- 28 Liability of agent signing
- 29 Liability of legal representative signing
- 30 Liability of drawer
- 31 Liability of drawee of cheque
- 32 Liability of maker of note and acceptor of bill
- 33 Only drawee can be acceptor except in need or for honour
- 34 Acceptance by several drawees not partners
- 35 Liability of indorser
- 36 Liability of prior parties to holder in due course
- 37 Maker, drawer and acceptor principals
- 38 Prior party a principal in respect of each subsequent party
- 39 Suretyship
- 40 Discharge of indorser's liability
- 41 Acceptor bound, although, indorsement forged
- 42 Acceptance of bill drawn in fictitious name
- 43 Negotiable instrument made, etc., without consideration
- 44 Partial absence or failure of money-consideration
- 45 Partial failure of consideration not consisting of money
- 45A Holder's right to duplicate of lost bill
