Liability Of The Endorser
This is provided for under Section 35 of the Act, which states that “In the absence of a contract to the contrary, whoever indorses and delivers a negotiable instrument before maturity, without in such endorsement, expressly excluding or making conditional his own liability, is bound thereby to every subsequent holder, in case of dishonour by the drawee, acceptor or maker, to compensate such holder for any loss or damage caused to him by such dishonor, provided due notice of dishonour has been given to, or received by, such endorser as hereinafter provided. Every endorser after dishonour is liable as upon an instrument payable on demand." Before moving on further, it is pertinent to study Section 15 of the Act in relevance to the term ‘endorsement’ and also to define an ‘endorser’. As per Section 15 of the Act, which defines endorsement, “When the marker or holder of an negotiable instrument signs the same, otherwise than as such maker, for the purpose of negotiation, one ...