Act Number: 26

Act Name: The Negotiable Instruments Act, 1881

Year: 1881

Enactment Date: 1881-12-09

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

Ministry: Ministry of Finance

Department: Department of Financial Services

Section 40: Discharge 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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