40. Where the holder of a negotiable instrument, without the consent of the indorser, destroys or impairs the indorser’s remedy against a prior party, the indorser is discharged from liability to the holder to the same extent as if the instrument had been paid at maturity.
Illustration A is the holder of a bill of exchange made payable to the order of B, which contains the following indorsements in blank:—
First indorsement, “B”.
Second indorsement, “Peter Williams”.
Third indorsement, “Wright & Co.” Fourth indorsement. “John Rozario”.
This bill A puts in suit against John Rozario and strikes out, without John Rozario's consent, the indorsements by Peter Williams and Wright & Co. A is not entitled to recover anything from John Rozario.