Document ID: chunk:federal_register_of_legislation:C2017C00074:section:74
Version: federal_register_of_legislation:C2017C00074
Segment Type: section
Provision Reference: s 74
Character Range: 79055–79890

74  Estoppels against indorser
 (1) An indorser of a cheque, by indorsing the cheque, is estopped:
 (a) from denying to a holder in due course the genuineness and regularity, in all respects, of the drawer's signature and all previous indorsements; and
 (b) from denying to the indorsee to whom the indorser indorsed the cheque or a subsequent indorsee or to a holder who is not an indorsee:
 (i) that the cheque was, at the time when the indorser indorsed it, a valid and undischarged cheque; and
 (ii) that the indorser had, at that time, a good title to the cheque.
 (2) The reference in paragraph (1)(a) to a holder in due course includes a reference to a person who, but for a signature being written or placed on the cheque without the authority of the person whose signature it purports to be, would be a holder in due course.