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The defendant received a check drawn on plaintiff\'s bank. The defendant endorse

ID: 2757116 • Letter: T

Question

The defendant received a check drawn on plaintiff's bank. The defendant endorsed the check and received payment from his bank. That bank sent the check for collection to the plaintiff's bank, and the check was honored. Several days later, the bank discovered that the drawer of the check did not have an account and that it had mistakenly charged the check to another of it's customers.Plaintiff then sought to recover from defendant as an indorser. He contented that the check had not been dishonored within the time allowed by law. Is he liable as an indorser? Why or why not?

Can you please go into detail as the wording of this question throws me off a little bit.

Explanation / Answer

The defendent is liable as an endoser , because the ultimate liability is of the drawer and prompt deposit and information to the endoser will enable the endoser to take action against the drawer.

The indoser's liability is impliedly consitional to this being done , and a failure thereof discharges him of his liability,

In the given case , as the information of the disnonour of cheque has been provided to the indoser late as per the law , he will not be liable as an indoser as he will also not have any recourse against the drawer

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