« 이전계속 »
signature of the indorser, without additional words, is a sufficient indorsement.
SEC. 32. The indorsement must be an indorsement of the entire instrument. An indorsemeut which purports to transfer to the indorsee a part only of the amount pay. able, or which purports to transfer the instrument to two or more endorsees severally, does not operate as a negoti. ation of the instrument. But where the instrument has been paid in part, it may be indorsed as to the residue.
SEC. 33. An indorsement may be either in blank or special; and it may also be either restrictive or qualified, or conditional.
SEC. 34. A special indorsement specifies the person to whom or to whose order the instrument is to be pay. able; and the indorsement of such indorsee is necessary to the further negotiation of the instrument. An indorsement in blank specifies no indorsee, and an instrument so indorsed is payable to bearer, and may be negotiated by delivery.
SEC. 35. The holder may convert a blank indorsement into a special indorsement by writing over the signature of the indorser in blank any contract consistent with the character of the indorsement.
SEC. 36. An indorsement is restrictive which either
First. Prohibits the further negotiation of the instrument; or
Second. Constitutes the indorsee the agent of the indorser; or
Third. Vests the title in the indorsee in trust for or to the use of some other person. But the mere absence of words implying power to negotiate does not make an indorsement restrictive.
SEC. 37. A restrictive indorsement confers upon the indorsee the right:
First. To receive payment of the instrument.
Second. To bring any action thereon that the indorser could bring.
Third. To transfer his rights as such indorsee, where the form of the indorsement authorizes him to do so.
But all subsequent indorsees acquire only the title of the first indorsee under the restrictive indorsement.
Sec. 38. A qualified indorsement constitutes the in. dorser a mere assignor of the title to the instrument. It may be made by adding to the indorser's signature the words “Without recourse” or any words of similar import. Such an indorsement does not impair the negotiable character of the instrument.
SEC. 39. Where an indorsement is conditional, a party required to pay the instrument may disregard the condition, and make a payment to the indorsee or his trans. feree, whether the conditions has been fulfilled or not. But any person to whom an instrument so indorsed is negotiated, will hold the same, or the proceeds thereof, subject to the rights of the person indorsing conditional
SEC. 40. Where an instrument, payable to bearer, is indorsed specially, it may nevertheless be further negotiated by delivery; but the person indorsing specially is liable as indorser to only such holders as to make title through his indorsement.
SEC. 41. Where an instrument is payable to the order of two or more payees or indorsees who are not partners, all must indorse unless the one indorsing has authority to indorse for the others.
SEC. 42. Where an instrument is drawn or indorsed to a person, as “Cashier” or other fiscal officer of a bank or corporation, it is deemed prima facie to be payable to the bank or corporation of which he is such officer; and may be negotiated by either the indorsement of the bank or corporation, or the indorsement of the officer.
SEC. 43. Where the names of the payee or indorsee is wrongly designated or misspelled, he may indorse the instrument as therein described adding, if he think fit, his proper signature.
SEC. 44. Where any person is under obligation to indorse in a representative capacity, he may indorse in such terms as to negative personal liability.
SEC. 45. Except where an indorsement bears date af. ter the maturity of the instrument, every negotiation is deemed prima facie to have been affected before the in. strument was overdue.
SEC. 46. Except where the contrary appears, every indorsement is presumed prima facie to have been made at the place where the instrument is dated.
SEC. 47. An instrument negotiable in its origin continues to be negotiable until it has been restrictively in. dorsed or discharged by payment or otherwise.
SEC. 48. The owner may at any time strike out any indorsement which is not necessary to his title. The indorser whose indorsement is struck out, and all indorsees subsequent to him, are thereby relieved from liability on the instrument.
SEC. 49. When the holder of an instrument payable to his order transfers it for value without indorsing it, the transferer vests in the transferee such title as the transferee had therein, and the transferee acquires, in addition, the right to have the indorsement of the transferer. But for the purpose of determining whether the transferee is a holder in due course, the negotịation takes effect as of the time when the indorsement is actually made.
SEC. 50. Where an instrument is negotiated back to a prior party, such party may, subject to the provisions of this act, re-issue and further negotiate the samebut he is not entitled to enforce payment thereof against any intervening party to whom he was personally liable.
ARTICLE IV.-Rights of the Holder. SEC. 51. The holder of a negotiable instrument may sue thereon in his own name and payment to him in due course discharges the instrument.
SEC. 52. A holder in due course, is a holder who has taken the instrument under the following conditions:
First. That the instrument is complete and regular upon its face.
Second. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact.
Third. That he took it in good faith and for value.
Fourth. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
SEC. 53. Where an instrument payable on demand is negotiated an unreasonable length of time after its issue, the holder is not deemed a holder in due course.
SEC. 54. Where the transferee receives notice of any infirmity in the instrument or defect in the title of the person negotiating the same before he has paid the full amount agreed to be paid therefor, he will be deemed a
holder in due course only to the extent of the amount theretofore paid by him.
SEC. 55. The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negoti. ates it in breach of faith, or under such circumstances as amount to fraud.
SEC. 56. To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated "uust kille had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
SEC. 57. A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable there. on.
SEC. 58. In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the later.
SEC. 59. Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior to the acquisition of such defective title.
ARTICLE V.-Liabilities of Partics. SEC. 60. The maker of a negotiable instrument by making it engages that he will pay it according to its tenor, and admits the existence of the payee and his then capacity to indorse.
SEC. 61. The drawer by drawing the instrument admits the existence of the payee and his then capacity to indorse, and engages that in due presentment the instrument will be accepted or paid, or both, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent endorser who may be compelled to pay it. But the drawer may insert in the instrument an express stipulation negotiating or limiting his own liability to the holder.
SEC. 62. The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance, and admits :
First. The existence of the drawer, the genuineness ut his signature, and his capacity and authority to draw the instrument; and
Second. The existence of the payee and his then capacity to endorse.
SEC. 63. A person placing his signature upon an instrument otherwise than as maker, drawer or acceptor is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity.
SEC. 64. Where a person, not otherwise a party to an instrument, places thereon his signature in blank before delivery, he is liable as indorser in accordance with the following rules :
First. If the instrument is payable to the order of a third person, he is liable to the payee and to all subsequent parties.
Second. If the instrument is payable to the order of the maker or drawer, or is payable to bearer, he is liable to all parties subsequent to the maker or drawer.
Third. If he signs for the accommodation of the payee, he is liable to all parties subsequent to the payee.
SEC. 65. Every person negotiating an instrument by delivery or by a qualified indorsement, warrants:
First. That the instrument is genuine in all respects what it purports to be.
Second. That he has a good title to it.