NIA 52 — Indorser who excludes his own liability or makes it conditional

Negotiable Instruments Act, 1881

Statutory text

The indorser of a negotiable
instrument  may,  by  express  words  in  the  indorsement,  exclude  his  own  liability  thereon,  or  make  such

liability  or  the  right  of the  indorsee  to  receive  the  amount  due  thereon  depend  upon  the  happening  of  a specified event, although such event may never happen.
Where an indorser so excludes his liability and afterwards becomes the holder of the instrument, all intermediate indorsers are liable to him.
Illustrations
(a) The indorser of a negotiable instrument sign; his name adding the words— “Without recourse”.
Upon this indorsement he incurs no liability.
(b)  A  is  the  payee  and  holder  of  a  negotiable  instrument.  Excluding  personal  liability  by  an  indorsement
“without recourse” he transfers the instrument to B, and B indorses it to C, who  indorses  it  to  A.  A  is  not  only reinstated in his former rights, but has the rights of an indorsee against B and C.

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