Section 38

Prior party a principal in respect of each subsequent party.

The Negotiable Instruments Act, 1881

  • Act 26 of 1881
  • Ministry of Finance
  • Department of Financial Services
About this Act

An Act to define and amend the law relating to Promissory Notes, Bills of Exchange and Cheques.

All sections
    As between the parties so liable as sureties, each prior party is, in the absence of a contract to the contrary, also liable thereon as a principal debtor in respect of each subsequent party.
     Illustration
     A draws a bill payable to his own order on B, who accepts. A afterwards indorses the bill to C, C to D, and D to E. As between E and B, B is the principal debtor, and A, C and D are his sureties. As between E and A, A is the principal debtor, and C and D are his sureties. As between E and C, C is the principal debtor and D is his surety.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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