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.

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 the endorsement cancelled, leaving the bill to stand in other respects.

Specific Relief 31