Negotiable Instruments Act, 1881
← Negotiable Instruments Act, 1881
III · Section 38

Prior party a principal in respect of each subsequent party

Synced on 04 Jul 2026Text as per India Code

As between the parties so liable as sureties, each prior party is, in the absence of a contract to the contrary, also liable thereon as a principal debtor in respect of each subsequent party.

Illustration A draws a bill payable to his own order on B, who accepts. A afterwards indorses the bill to C, C to D, and D to E. As between E and B, B is the principal debtor, and A, C and D are his sureties. As between E and A, A is the principal debtor, and C and D are his sureties. As between E and C, C is the principal debtor and D is his surety.

Judgments on Section 38