
What is the meaning of ‘Holder’ and ‘Holder in due course’ of a negotiable instrument.
What is the meaning of ‘Holder’ and ‘Holder in due course’ of a negotiable instrument.
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What is the meaning of ‘Holder’ and ‘Holder in due course’ of a negotiable instrument.
What is the meaning of ‘Holder’ and ‘Holder in due course’ of a negotiable instrument.
Holder is always the payee of the negotiable instrument.
If I say Mr. A is the holder of a negotiable instrument, it means that he is in possession of the instrument, and that he is entitled to receive the amount due on the negotiable instrument from the parties drawing it.
Holder in due course, is not the original payee of the instrument. He has accepted this instrument in good faith from the holder and has exchanged something of valuable in the process.
So, if Mr. A gives (endorses) his instrument to Mr. B and Mr. sells him his car. Mr. B becomes the Holder in due course of the instrument.
Bottom line. Your debtor gives you a cheque (dated 2 months in the future) and you endorse it to your creditor. You are the holder of the cheque, until you endorse it to your creditor, then you cease to be a holder, and your creditor becomes the Holder in due course of the cheque.
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