Liability of drawer or indorser

(1) The drawer of a bill, by drawing it, (a) engages that, on due presentment, it shall be accepted and paid according to its tenor, and that if it is dishonoured he will compensate the holder or any endorser who is compelled to pay it, 41 Provided that the requisite proceedings on dishonour are duly taken; (b) is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse. (2) The endorser of a bill, by indorsing it, (a) engages, that on due presentment, it shall be accepted and paid according to its tenor, and that if it be dishonoured, he will compensate the holder or a subsequent endorser who is compelled to pay it: Provided that the requisite proceedings on dishonour be duly taken; (b) is precluded from denying to a holder in due course the genuineness and regularity in all respects of the drawer’s signature and all previous endorsements; (c) is precluded from denying to his immediate or a subsequent endorsee that the bill was at the time of his endorsement a valid and subsisting bill, and that he had then a good title thereto.