Bills of Exchange Act · s 55

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55.
Liability of drawer or indorser
(1) The drawer of a bill, by drawing it —
(a) engages that on due presentment it shall be accepted and paid according to its tenor, and that if it is dishonoured, he will compensate the holder or any indorser who is compelled to pay it, provided that the requisite proceedings on dishonour be duly taken;
(b) is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse.
(2) The indorser of a bill, by indorsing it —
(a) engages that on due presentment it shall be accepted and paid according to its tenor, and that if it be dishonoured he will compensate the holder or a subsequent indorser who is compelled to pay it, provided that the requisite proceedings on dishonour be duly taken;

Bills of Exchange
(b) is precluded from denying to a holder in due course the genuineness and regularity in all respects of the drawer’s signature and all previous indorsements;
(c) is precluded from denying to his immediate or a subsequent indorsee that the bill was, at the time of his indorsement, a valid and subsisting bill, and that he had then a good title thereto.

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s 55Liability of drawer or indorser

(1)

The drawer of a bill, by drawing it —

(a)

engages that on due presentment it shall be accepted and paid according to its tenor, and that if it is dishonoured, he will compensate the holder or any indorser who is compelled to pay it, provided that the requisite proceedings on dishonour be duly taken;

(b)

is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse.

(2)

The indorser of a bill, by indorsing it —

(a)

engages that on due presentment it shall be accepted and paid according to its tenor, and that if it be dishonoured he will compensate the holder or a subsequent indorser who is compelled to pay it, provided that the requisite proceedings on dishonour be duly taken;

Bills of Exchange

(b)

is precluded from denying to a holder in due course the genuineness and regularity in all respects of the drawer’s signature and all previous indorsements;

(c)

is precluded from denying to his immediate or a subsequent indorsee that the bill was, at the time of his indorsement, a valid and subsisting bill, and that he had then a good title thereto.