Professional Documents
Culture Documents
NIL Rules in Case of Forgery
NIL Rules in Case of Forgery
INSTRUMENTS
LAW
Rules
as
to
Forgery
General
Rules:
Divide
the
parties
as
those
parties
prior
and
subsequent
to
the
forgery.
Prior
parties
can
raise
the
defense
of
forgery
while
subsequent
parties
cannot.
In
forgery
of
an
indorsement,
all
parties
prior
to
the
forgery
are
never
liable
because
they
can
always
raise
the
defense
of
forgery.
(Attn:
case
of
an
acceptor)
Steps:
1. Determine
whether
the
holder
is
a
holder
in
due
course
or
not.
2. Determine
whether
the
instrument
is
a
PN
or
BE.
3. Determine
whether
it
is
a
bearer
or
order
instrument.
4. Determine
whether
it
is
a
forgery
on
the
maker/drawer’s
signature
or
forgery
on
indorsement.
5. Apply
the
following
rules:
Promissory
Holder
in
Due
Course
Not
Holder
in
Due
Course
Note
1.
Payable
to
Bearer
Indorsement
of
a
note
payable
to
bearer
is
not
necessary
to
the
title
of
the
holder.
Documents
payable
to
bearer
are
negotiated
by
mere
delivery
(Sec.
30,
NIL).
A.
Forgery
of
the
All
parties
–
the
party
whose
signature
was
However,
if
the
holder
is
not
a
holder
in
due
signature
of
the
forged,
parties
prior
to
him
including
the
maker
course,
he
cannot
enforce
payment
against
the
person
and
all
subsequent
parties,
are
liable
to
a
party
whose
signature
was
forged
and
all
parties
negotiating
by
holder
in
due
course.
The
forged
signature
is
prior
to
him,
because
as
to
them,
want
of
delivery
delivery
not
necessary
to
the
holder’s
title
in
which
case,
is,
under
sec.
16,
a
valid
defense
against
a
holder
the
forgery
may
be
disregarded.
not
in
due
course.
(Relate
to
complete
but
undelivered
–
In
other
words,
the
party
whose
signature
was
conclusive
presumption
of
valid
delivery)
forged
as
well
as
the
parties
prior
to
him
are
not
liable
because
they
can
raise
the
defense
of
want
of
The
defense
of
non-‐delivery
is
not
available
delivery.
against
a
holder
in
due
course
because
as
to
him,
there
is
a
conclusive
presumption
of
valid
If
the
holder
is
not
a
holder
in
due
course,
the
delivery.
issue
changes
from
forgery
to
non-‐delivery.
The
rules
on
non-‐delivery
of
a
complete
instrument
are
as
follows:
-‐In
the
hands
of
a
holder
in
due
course,
there
is
a
conclusive
presumption
of
a
valid
delivery
by
all
prior
parties.
-‐In
the
hands
of
a
holder
not
in
due
course,
there
is
a
rebuttable
presumption
of
delivery;
thus,
the
party
whose
signature
is
forged
as
well
as
prior
parties
can
raise
the
defense
of
non-‐delivery
by
proving
that
1)there
is
no
delivery;
2)
no
authority
to
deliver;
or
that
3)
the
delivery
is
conditional
or
for
a
special
purpose.
The
forger
is
liable
because
he
was
the
one
who
perpetrated
the
forgery
and
it
is
a
crime
not
tolerated
in
all
commercial
transactions.
He,
by
negotiating
through
delivery,
also
warrants
that
the
instrument
is
genuine
and
in
all
respects
what
it
purports
to
be.
As
to
subsequent
parties,
they
are
liable
because
by
negotiating
by
delivery,
they
warrant
that
the
instrument
is
genuine
and
in
all
respects
what
it
purports
to
be.
B. Forgery
of
Forgery
of
the
maker’s
signature
is
a
real
defense
to
him
even
as
against
a
holder
in
due
course.
He
is
Maker’s
never
a
party
to
the
instrument.
The
signature
is
wholly
inoperative
so
the
holder
cannot
retain
the
signature
instrument,
cannot
give
discharge
therefor,
and
cannot
enforce
payment
thereof
as
against
parties
thereto.
Sec.
1
clearly
provides
that
the
maker
should
sign
the
instrument
such
that
without
his
signature,
the
instrument
may
not
be
negotiable.
However,if
the
instrument
has
already
been
delivered
to
persons
other
than
the
maker,
there
could
be
a
presumption
that
there
is
delivery
depending
on
whether
the
holder
is
a
holder
in
due
course
or
not.
Thus,
the
following
rules
(if
issue
is
delivery):
Parties
other
than
the
maker
are
liable
because
Parties
other
than
the
maker
are
not
liable
because
there
is
a
conclusive
presumption
of
delivery
in
there
is
only
a
rebuttable
presumption
of
valid
the
hands
of
a
holder
in
due
course.
delivery.
They
can
rebut
such
presumption
by
proving
want
of
delivery:
that
1)there
is
no
delivery;
2)
no
authority
to
deliver;
or
that
3)
the
delivery
is
conditional
or
for
a
special
purpose.
The
forger
is
liable
because
he
perpetrated
the
forgery
and
the
law
condemns
criminal
acts
in
commercial
transactions.
He
also
warrants
the
instrument
to
be
genuine
and
in
all
respects
what
it
purports
to
be
because
he
negotiated
it
by
delivery.
Parties
other
than
the
maker
are
liable
because
by
negotiating
the
instrument
by
delivery,
they
warrant
that
the
instrument
is
genuine
and
in
all
respects
what
it
purports
to
be.
Hence,
they
are
precluded
from
raising
the
defense
of
forgery.
(Issue
here
is
forgery,
as
contrasted
to
the
issue
on
delivery
in
the
preceding
columns.)
2.
Payable
to
Order
The
holder
of
a
negotiable
instrument
payable
to
order,
must
trace
his
title
through
a
genuine
indorsement,
including
that
of
the
payee,
and
one
who
acts
upon
the
indorsement
of
negotiable
instrument
must
ascertain
its
genuineness
at
his
peril.
Thus,
the
party
whose
name
is
forged
and
all
parties
prior
to
him
including
the
maker
cannot
be
held
liable
even
by
a
holder
in
due
course.
However,
indorsers
subsequent
to
the
forgery
cannot
allege
the
forgery
of
the
signature
of
a
prior
indorser
because
of
their
warranty
that
the
note
is
genuine
and
in
all
respects
what
it
purports
to
be.
A. Forgery
of
an
The
party
whose
indorsement
is
forged
as
well
as
the
other
parties,
including
the
maker,
prior
to
the
indorsement
on
party
whose
signature
is
forged
are
not
liable
to
any
holder.
The
instrument
being
payable
to
order,
the
note
it
can
be
negotiated
only
by
indorsement
completed
by
delivery.
But
since
the
indorsement
is
forged,
it
is
inoperative
and,
therefore,
it
cannot
operate
to
transfer
any
right
or
title
over
the
instrument.
They
can
raise
the
real
defense
of
forgery.
Where
the
instrument
is
payable
to
order
at
the
time
of
forgery,
the
signature
of
its
rightful
holder
is
essential
to
transfer
title
to
the
same
instrument.
When
the
holder’s
indorsement
is
forged,
all
the
prior
parties
to
the
forgery
may
raise
the
real
defense
of
forgery
against
all
parties
subsequent
thereto.
The
forger
is
liable
because
he
perpetrated
the
forgery
and
the
law
condemns
criminal
acts
in
commercial
transactions.
He
also
warrants
the
instrument
to
be
genuine
and
in
all
respects
what
it
purports
to
be
because
he
negotiated
it
by
delivery.
As
to
subsequent
parties,
they
are
liable
because
by
negotiating
by
delivery,
they
warrant
that
the
instrument
is
genuine
and
in
all
respects
what
it
purports
to
be.
B. Forgery
on
the
Forgery
of
the
maker’s
signature
is
a
real
defense
to
him
even
as
against
a
holder
in
due
course.
He
is
Maker’s
never
a
party
to
the
instrument.
The
instrument
is
wholly
inoperative
so
the
holder
cannot
retain
the
signature
instrument,
cannot
give
discharge
therefor,
and
cannot
enforce
payment
thereof
as
against
parties
thereto.
The
forger
is
liable
because
he
perpetrated
the
forgery
and
the
law
condemns
criminal
acts
in
commercial
transactions.
He
also
warrants
the
instrument
to
be
genuine
and
in
all
respects
what
it
purports
to
be
because
he
negotiated
it
by
delivery.
Parties
other
than
the
maker
are
liable
because
by
negotiating
the
instrument
by
delivery,
they
warrant
that
the
instrument
is
genuine
and
in
all
respects
what
it
purports
to
be.
Hence,
they
are
precluded
from
raising
the
defense
of
forgery.
Bills
of
1.
Forgery
of
the
drawer’s
signature
Exchange
a. Accepted
by
the
Since
an
acceptor
of
a
bill
warrants
the
genuineness
of
the
signature
of
the
drawer,
he
cannot
drawee
therefore
resist
payment
of
the
bill
as
against
a
bona
fide
holder
(holder
in
due
course)
if
the
drawer’s
name
be
forged.
Relate
to
warranties
of
acceptor.
Sec.
62
The
drawee
is
primarily
liable
and
by
accepting
the
instrument,
he
warrants
the
existence
of
the
drawer
and
the
genuineness
of
the
drawer’s
signature.
He
is
precluded
from
setting
up
the
defense
of
forgery
but
only
as
to
the
drawer’s
signature.
(refer
to
sec.
62)
The
drawer
cannot
be
held
liable
because
he
can
raise
the
real
defense
of
forgery.
His
forged
signature
is
fully
inoperative
and
no
RGE.
The
forger
is
liable
because
he
perpetrated
the
forgery
and
the
law
condemns
criminal
acts
in
commercial
transactions.
He
also
warrants
that
the
instrument
is
genuine
and
in
all
respects
what
it
purports
to
be.
Parties
subsequent
to
the
forgery
are
liable
because
by
negotiating
the
instrument
by
delivery,
they
warrant
that
the
instrument
is
genuine
and
in
all
respects
what
it
purports
to
be.
b. Paid
by
the
The
drawee
of
a
bill
of
exchange
is
conclusively
presumed
to
know
the
signature
of
the
drawer,
and
if
drawee
without
he
pays,
in
the
usual
course
of
business,
a
bill
wherein
the
signature
of
the
drawer
is
a
forgery,
he
will
acceptance
be
estopped
afterwards
to
deny
the
genuineness
of
such
signature.
As
between
equally
innocent
persons,
the
drawee
who
pays
money
on
a
check
or
draft
the
signature
on
which
was
forged
cannot
recover
the
money
from
the
one
who
received
it.
Such
rule
is
founded
on
estoppels
and
principle
of
natural
justice,
and
on
public
policy
which
is
the
policy
of
maintain
confidence
in
the
security
of
negotiable
paper.
As
to
the
drawer,
the
forger,
and
parties
subsequent
to
the
forgery,
the
same
rules
apply
as
that
reflected
in
the
preceding
column.
2.
Forgery
of
an
indorsement
of
the
bill
a. Payable
to
As
to
the
drawee,
he
is
liable
because
the
However,
if
the
holder
is
not
a
holder
in
due
bearer
instrument
being
a
bearer
instrument,
any
course,
he
cannot
enforce
payment
against
the
indorsement
is
not
necessary
to
acquire
title.
party
whose
signature
was
forged
and
all
parties
The
drawee
may
debit
the
drawer’s
account
in
prior
to
him,
because
as
to
them,
want
of
delivery
spite
of
the
forged
indorsement.
The
reason
is
is,
under
sec.
16,
a
valid
defense
against
a
holder
that
the
forged
indorsement
is
not
necessary
to
not
in
due
course.
The
defense
of
non-‐delivery
is
the
title
of
the
holder.
The
drawee
cannot
not
available
against
a
holder
in
due
course
recover
from
the
holder.
because
as
to
him,
there
is
a
conclusive
presumption
of
valid
delivery.
In
other
words,
the
party
whose
signature
was
As
to
the
parties
prior
to
the
forgery,
including
forged
as
well
as
the
parties
prior
to
him
are
not
the
drawer,
they
are
also
liable
because
the
liable
because
they
can
raise
the
defense
of
want
of
forged
signature
is
not
necessary
to
acquire
delivery.
title
to
the
instrument.
They
are
also
precluded
from
setting
up
forgery
as
they
are
negotiating
it
by
mere
delivery,
the
instrument
being
a
bearer
instrument.
As
to
the
drawer,
he
cannot
raise
the
defense
of
non-‐delivery
because
as
to
a
holder
in
due
course,
there
is
a
conclusive
presumption
of
valid
delivery.
b. Payable
to
order
The
party
whose
indorsement
is
forged,
is
not
liable
to
any
holder
even
a
holder
in
due
course.
The
forged
indorsement
is
wholly
inoperative
so
no
RGE.
As
to
the
drawee
who
is
primarily
liable,
he
only
warrants
the
genuineness
of
the
drawer’s
signature.
Therefore,
he
is
not
precluded
from
raising
the
defense
of
the
indorsers’
signature
being
forged.
As
he
is
a
prior
party,
heis
not
liable
as
he
can
raise
the
defense
of
forgery.
Consider
section
62
also.
The
drawee
also
warrants
he
will
pay
in
accordance
to
the
tenor
of
the
instrument
so
he
cannot
be
made
to
pay
unless
it
is
the
order
of
the
person
whose
name
appears
in
the
instrument.
The
forger
is
liable
because
he
perpetrated
the
forgery
and
the
law
condemns
criminal
acts
in
commercial
transactions.
He
also
warrants
the
instrument
to
be
genuine
and
in
all
respects
what
it
purports
to
be
because
he
negotiated
it
by
delivery.
As
to
subsequent
parties,
they
are
liable
because
by
negotiating
by
delivery,
they
warrant
that
the
instrument
is
genuine
and
in
all
respects
what
it
purports
to
be.
3.
Forgery
on
the
drawee’s
signature
The
holder
cannot
go
after
the
drawee
because
there
was
no
acceptance
by
the
real
drawee,
the
instrument
is
wholly
inoperative.
He
can’t
go
after
the
drawer
too
because
it
was
not
yet
accepted
by
the
drawee.
No
liability
lies
yet
in
the
instrument.
What
he
can
do
is
to
present
the
instrument
to
the
drawee
for
acceptance.
If
the
drawee
refuses,
then
he
may
go
against
the
drawer
and
invoke
his
warranty
that,
on
due
presentment,
the
instrument
will
be
accepted
or
piad
or
both
(sec.
61).
He
cannot
go
to
parties
subsequent
to
the
drawee
because
he
cannot
say
that
the
instrument
has
already
been
dishonored
just
yet.
He
must
present
it
to
the
person
primarily
liable
for
acceptance
first.