NIA 40 — Discharge of indorser's liability

Negotiable Instruments Act, 1881

Statutory text

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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