Section 57. "A holder in due course holds the instrument free from any

defect of title of prior parties, and free from defences available to

prior parties among themselves, and may enforce payment of the

instrument for the full amount thereof against all parties liable

thereon."

It is clear, then, that by this section, the Act means that the holder

in due course takes free of personal defences, although he does not take

free of absolute defences. It simply remains for us to consider briefly

what is meant by a personal defence and what is meant by an absolute

defence. We have already illustrated this in one of our cases where the

note was a present. In this case, there was no consideration for the

note. The boy to whom it was given could not recover, whereas when he

transferred it to an innocent third party, a holder for value, he could

recover. Thus we say, failure of consideration is a personal defence.

Again, some person steals my check book, fills out a check, and forges

my name. The check is then taken and finally gets into the hands of a

person who is strictly a holder in due course. He could not recover on

it, however, because forgery is a real defence. That is, no one can hold

me liable on my forged check. The ordinary illustration of real or

absolute defences are infancy, lunacy, illegality and sometimes fraud.

Other defences are generally personal defences and do not affect the

holder in due course. To put it another way, a real defence is good

against the whole world; a personal defence is available only against

such as are not holders in due course.

LIABILITY OF PARTIES.--The parties primarily liable on negotiable

documents are, on a note, the maker; on a bill of exchange, the

acceptor; and on a check, the drawer. The liability of these three

parties is most concisely stated in Sections 60, 61, 62, as follows:

Commercial Law · 第 5 / 10 章