Commonwealth Consolidated Acts

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BILLS OF EXCHANGE ACT 1909 - SECT 59

Liability of acceptor

    The acceptor of a bill, by accepting it:

  (a)   engages that he or she will pay it according to the tenor of his or her acceptance; and

  (b)   is precluded from denying to a holder in due course:

  (i)   the existence of the drawer, the genuineness of his or her signature, and his or her capacity and authority to draw the bill; and

  (ii)   in the case of a bill payable to drawer's order, the then capacity of the drawer to indorse, but not the genuineness or validity of his or her indorsement; and

  (iii)   in the case of a bill payable to the order of a third person, the existence of the payee and his or her then capacity to indorse, but not the genuineness or validity of his or her indorsement.



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