Escolar Documentos
Profissional Documentos
Cultura Documentos
(Sgd.) A
SECTION 43
Indorsement where name is
misspelled, etc.
Application of Section 43
Presumption:
He indorsed the note on or before August 10,
2013, that is, before the note was overdue.
SECTION 46
Time of indorsement;
presumption.
Except where the contrary appears,
every indorsement is presumed prima
facie to have been made at the place
where the instrument is dated.
Importance of Place of
Indorsement
The place of indorsement is sometimes
material because because an
indorsement is governed by the laws of
the state where it is indorsed.
Example:
Suppose a note is dated as follows:
“Manila, March 9, 2013”
Presumption:
The indorsement was made in Manila where
the note was dated.
SECTION 47
Continuation of negotiable
character.
When negotiable instrument
rendered non-negotiable.
Pay to A
(Sgd.) P
Pay to B
(Sgd.) A
Pay to C
(Sgd.) B
Example:
Suppose M issues a promisorry note payable to the
order of P. It is indorsed as follows:
(Blank Indorsement)
(Sgd.) P
Pay to B
(Sgd.) A
Pay to C
(Sgd.) B
SECTION 49.
Transfer without indorsement;
effect of.
Effect of transfer without
indorsement.
1. The transaction operates as an equitable
assignment and the transferee acquires
the instrument subject to defences and
equities said to value without indorsing it.
2. He cannot negotiate it.
3. If the transferor had legal title, the
transferee acquires such title and the
right to have the indorsement of the
transferor
Example:
M issues an instrument payable to P or order. P
delivers it to A for value without indorsing it.