A draws and B accepts the bill payable to C or order. C endorses the bill to D and D to E, who is 'holder in due course'. Decide from whom E can recover the amount under the Negotiable Instrument Act, 1881?
CS Executive · Economic, Business and Commercial Laws · PYQS · June 2019
A draws and B accepts the bill payable to C or order. C endorses the bill to D and D to E, who is 'holder in due course'. Decide from whom E can recover the amount under the Negotiable Instrument Act, 1881?
Answer & Explanation:
According to the Negotiable Instrument Act, 1881, every prior party to a negotiable instrument is liable thereon to a holder in due course until the instrument is duly satisfied. Prior parties may include the maker or drawer, the acceptor and all the intervening endorsers to a negotiable instrument. The liability of the prior parties to a holder in due course is joint and several. The holder in due course may hold any or all prior parties liable for the amount of the dishonoured instrument. Therefore, in present case, "E" can recover the amount payable on bill from: "A" being drawer of bill having secondary and conditional liability arising in case of dishonor of bill. "B" being drawee and acceptor of bill having primary and absolute liability to pay bill. "C" and "D" being endorsers and prior parties to the bill.
Topics: Negotiable Instruments Act, 1881
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