Kuwait Court of Cassation principle number 3509

Payment of a debt by cheque is conditional upon collection of the cheque’s value. - The general rule is that the endorser of a cheque guarantees to the endorsee and every subsequent holder the existence of the right established by the cheque. Its payment upon maturity. However, the endorser may stipulate his exemption from liability for payment of the cheque. No one else benefits from this stipulation. He may prove this condition by all means of proof. - The seller’s obligation to deliver the thing sold to the purchaser. It includes his obligation to deliver the documents and instruments relating to it. - The seller’s endorsement to the purchaser of cheques securing the rent of the property sold, drawn by the tenant in favour of the seller. The permissibility of treating the seller as an endorser without recourse for payment of the value of these cheques, and the seller’s reliance on that. The judgment’s disregard of this defence. Deficiency. - 592 - Commercial