The Negotiable Instruments Act
85Cheque payable to order
1[(1)] Where a cheque payable to order purports to be endorsed by or on behalf of the payee, the drawee is discharged by payment in due course.
2[(2) Where a cheque is originally expressed to be payable to bearer, the drawee is discharged by payment in due course to the bearer thereof, notwithstanding any endorsement whether in full or in blank appearing thereon, and notwithstanding that any such endorsement purports to restrict or exclude further negotiation.]
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1. S. 85 re-numbered as sub-section (1) thereof by Act 17 of 1934, s. 2.
2. Ins. by s. 2, ibid.
OF DISCHARGE FROM LIABILITY ON NOTES, BILLS AND CHEQUES
- 82 Discharge from liability
- 83 Discharge by allowing drawee more than forty-eight hours to accept
- 84 When cheque not duly presented and drawer damaged thereby
- 85 Cheque payable to order
- 85A Drafts drawn by one branch of a bank on another payable to order
- 86 Parties not consenting discharged by qualified or limited acceptance
- 87 Effect of material alteration
- 88 Acceptor or indorser bound notwithstanding previous alteration
- 89 Payment of instrument on which alteration is not apparent
- 90 Extinguishment of rights of action on bill in acceptor's hands