Chapter 03 Parties to Notes Bills and Cheques
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.
Illustrations
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.