Section 39

Where an instrument is evidence of different rights or different obligations, the court may in a proper case cancel it in part and allow it to stand for the residue.

Specific Relief

B.L.R.O. 5/2012 35

Illustration

A. draws a bill on B., who endorses it to C., by whom it appears to be endorsed to D., who endorses it to E. C.’s endorsement is forged. C. is entitled to have such endorsement cancelled, leaving the bill to stand in other respects.

Power to require party for whom instrument is cancelled to make compensation.