Professional Documents
Culture Documents
indorsement.
Conversion of
indorsement in blank
into indorsement in
full.
Kinds of indorsement
1
When indorsement is made by writing the words
“pay to A or A's order", followed by the signature of
the indorser, it is indorsement in full. In this kind of
indorsement it is only the indorsee who can transfer
the instrument.
Partial indorsement
Section 56 states that a partial indorsement is one
which purports to transfer to the indorsee only a part
of the amount payable on the instrument. Such
indorsement is not valid. But nothing in section 56
prohibits where such an amount has been partly
paid, a note to that effect may be indorsed on the
instrument, which may then be negotiated for the
balance.
2
Restrictive indorsement
According to Section 50 the indorsement of an
instrument may contain terms making it restrictive.
Restrictive indorsement is one which by Express
words restrict or excludes the right of further
negotiation or which expresses that it is not a
complete and unconditional transfer of the
instrument but it is a mere authority to the indorsee
to receive its contents for indorser or may merely
constitute the indorsee an agent to indorse the
instrument. The indorsee acquires all the rights of the
indorser except the right of negotiation.
3
Section 52 provides for sans recourse or conditional
indorsement.
4
makes his liability conditional. where an indorser
excludes his liability and afterwards becomes the
holder of the instrument all immediate indorsers are
liable to him.
5
Conversion of indorsement in blank
into indorsement and full
The holder of a negotiable instrument in blank, may
without signing his own name, convert the blank
indorsement into an indorsement in full by writing
above the indorser's signature a direction to pay to or
to the order of himself or some other person, and the
holder does not thereby incur the responsibility of an
indorser.
6
the bill remains transferable by delivery with regard
to all parties prior to such indorsement in full. But
such indorsement in full cannot be sued by anyone
except the person in whose favour the indorsement
in full is made.