59Instrument acquired after dishonour or when overdue
The holder of a negotiable instrument, who has acquired it after dishonour, whether by non-acceptance or non-payment, with notice thereof, or after maturity, has only, as against the other parties, the rights thereon of his transferor:
Accommodation note or bill.-- Provided that any person who, in good faith and for consideration, becomes the holder, after maturity, of a promissory note or bill of exchange made, drawn or accepted without consideration, for the purpose of enabling some party thereto to raise money thereon, may recover the amount of the note or bill from any prior party.
Illustration
The acceptor of a bill of exchange, when he accepted it, deposited with the drawer certain goods as a collateral security for the payment of the bill, with power to the drawer to sell the goods and apply the proceeds in discharge of the bill if it were not paid at maturity. The bill not having been paid at maturity, the drawer sold the goods and retained the proceeds, but indorsed the bill to A. A's title is subject to the same objection as the drawer's title.
Download our fully-offline, High speed android app.- Click here
- 46 Delivery
- 47 Negotiation by delivery
- 48 Negotiation by indorsement
- 49 Conversion of indorsement in blank into indorsement in full
- 50 Effect of indorsement
- 51 Who may negotiate
- 52 Indorser who excludes his own liability or makes it conditional
- 53 Holder deriving title from holder in due course
- 54 Instrument indorsed in blank
- 55 Conversion of indorsement in blank into indorsement in full
- 56 Indorsement for part of sum due
- 57 Legal representative cannot by delivery only negotiate instrument indorsed by deceased
- 58 Instrument obtained by unlawful means or for unlawful consideration
- 59 Instrument acquired after dishonour or when overdue
- 60 Instrument negotiable till payment or satisfaction