||All England Reporter
|| All ER (D) 340 (Jan)
|| EWCA Civ 71
||Court of Appeal, Civil Division
Ward, Sedley and Longmore LJJ
||Steven Berry (instructed by Baker & McKenzie) for the claimant.
||Bernard Eder QC (instructed by Devonshires) for the defendant.
||24 January 2002
Bill of exchange - Holder in due course - Bill dishonoured on presentation for payment - Action on bill by drawer - Defendant endorsing bill of exchange on reverse and becoming personally liable - Defendant contending having signed bills on reverse as result of fraudulent representation - Judge finding claimant not party to fraud and entitled to judgment - Whether judge in error - s 29(3).
A bill of exchange could not be said to be affected by fraud in the absence of a fraudulent misrepresentation. In the instant case, there was no evidence of a fraudulent representation made to the defendant as to his personal liability arising upon signing the back of bills of exchange. In the absence of fraud, the defendant remained liable.
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