Negotiable Instruments

RIGHTS OF THE HOLDER of Negotiable Instruments

RIGHTS OF THE HOLDER

 
Sec.  51.  Right  of  holder  to  sue;  payment.  -  The  holder  of  a negotiable  instrument  may  to  sue  thereon  in  his  own  name;  and payment to him in due course discharges the instrument.

RIGHTS OF A HOLDER IN GENERAL

1.    He may sue on the instrument in his own name
2.    He may receive payment and if the payment is in due course, the instrument is discharged
 

RIGHT TO SUE

•      Holder of a negotiable instrument may sue on his own name, even if
he be a holder only for collection or as a pledge of the instrument
 

RIGHT OF TRANSFEREE OF UNINDORSED INSTRUMENT

•      Such possessor may sue in his own name if his transferor could have done so
•      Under Section 49, a transfer for value, but without indorsement, of an instrument is payable to order vests in the transferee such title as the transferor had therein.
 

EFFECT OF PAYMENT TO THE HOLDER

•      The payment in due course to the holder of the instrument discharges the instrument
•      It  is  in  due  course  if  it  is  made  at  or  after  the  maturity  of  the
instrument; or to the holder thereof; in good faith and without notice
that his title is defective 


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Musikatorni is a musical project by Atty. Ranny Randolf B. Libayan, known for its original song compositions that blend insightful lyrics with captivating melodies.
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