Laws of Business for All the States of the Union And the Dominion of Canada : With Forms And Directions for All Transactions And Abstracts of the Laws of All the States On Various Topics

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Then, the party liable on the note or bill can make none of these defences, unless the time or manner in which it came into the possession of the holder lays him open to these defences. But the law on this subject may better be presented in our next section.
SECTION V.
THE RIGHTS AND DUTIES OF THE HOLDER OF NEGOTIABLE PAPER.
I. What a Holder may do with a Bill or Note. — An indorsee has a right of action against all whose names are on the bill when he received it. And if one delivers a bill or
...note which he ought to indorse and does not, the holder has an action against him for not indorsing, or may proceed in a court of equity to compel him to indorse. If a bill comes back to a previous indorser, he may strike out the intermediate indorsements and sue in his own name, as indorsee ; but he has, in general, no remedy against the intermediate parties, because, if he made them pay as indorsers to him, they would make him pay as indorser to them. If, however, the circumstances are such that they, if compelled to pay, would have no right against him as an indorser to them, as, for example, if he indorsed it "without recourse," then he may have a claim against them.

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