Section 111: Liability of acceptor for honor

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881

Legal Commentary & Landmark Judgments: Section 111

Section 111 establishes the liability of an acceptor for honour, binding them to pay the amount of the bill to the holder or any subsequent party, provided the bill is duly presented at maturity and protested for non-payment.

  • Conditional Primary Liability: The acceptor for honour is bound to pay if the primary drawee fails to pay at maturity upon due presentment.
  • Condition of Presentment & Protest: The bill must be presented to the original drawee at maturity, dishonoured, and protested for non-payment before charging the acceptor for honour.
  • Liability to Subsequent Parties: Liable to the holder and all parties subsequent to the party for whose honour the bill was accepted.
Key Landmark Precedents:
  • Williams v. Germaine (1827) 7 B & C 468: Held that presentment to the original drawee and protest for non-payment are conditions precedent to enforcing liability against an acceptor for honour.
  • Phillips v. Im Thurn (1866): Affirmed that an acceptor for honour is estopped from setting up irregularities in the original drawing.
Courtroom Practice & Strategic Litigation Guidance:

When seeking to recover from an acceptor for honour, follow the statutory sequence: (1) present the bill to original drawee at maturity; (2) on dishonour, obtain notarial protest for non-payment; (3) then present to the acceptor for honour under Section 111.