융통어음의 항변에 관한 고찰

초록

A person lacks adequate creditworthiness to induce another to give money or goods in exchange for the person's note or check. In such a case, a third person with better credit signs the instrument and becomes liable on it, which convinces the payee to give money or goods for the instrument. An accommodation bill or note is one to which the accommodation party, be he acceptor, drawer, or endorser, has put his name, without consideration, for the purpose of benefiting or accommodating some other party who desires to raise money on it, and is to provide for the bill when due. When the bill has taken for value it is due the accommodation party is liable in the capacity in which he has signed even though the taker knows of the accommodation. As against a holder in due course who obtains the bill in exchange for giving the money and without notice of the accommodation is not admissible to give the accommodation party the benefit of discharges dependent on his character as such, because he is not the mala fide bearer of Article 17. the Law of Bills of Exchange. An accommodation party is not liable to the party accommodated, and if he pays the bill has a right of recourse on the bill against such party because an accommodation bill is issued for the purpose of borrowing money from the third person, not the accommodation party.

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