To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action... The Federal Reporter - Page 3421925Full view - About this book
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1915 - 808 pages
...cases. Section 58 of our negotiable instruments act (Act No. 265, Pub. Acts 1905), reads as follows: "To constitute notice of an infirmity in the instrument,...action in taking the instrument amounted to bad faith." We find nothing in the record, either as to the time when the purchase was made by the plaintiff, or... | |
| North Carolina. Supreme Court - 1909 - 1058 pages
...(Rovisal, sec. 2205) is conclusive : "2205. Actual Knowledge Necessary to Constitute Notice of Infirmity. To constitute notice of an infirmity in the instrument...action in taking the instrument amounted to bad faith." It has further been held with us (Evans v. Freeman, 142 NC, 61) that the form of the endorsement, "without... | |
| 1920 - 516 pages
...payee, In so far as defenses of which he had notice are concerned. By notice is intended either — "actual knowledge of the infirmity or defect, or knowledge...action In taking the instrument amounted to bad faith." Laws 1909, c. 123, § 66. It can be found that one who knew of facts that would have put the ordinary... | |
| 1922 - 1138 pages
...to us there was sufficient evidence to have gone to the Jury on the question of fraud. Section 5374. "To constitute notice of an infirmity in the instrument,...action in taking the instrument amounted to bad faith." McClaran stated In his testimony that he thought he told Locher what the note was given for; that is,... | |
| American Bar Association - 1906 - 474 pages
...obtained by fraud, the purchaser having had no actual knowledge of the infirmity or defect, nor any knowledge of such facts that his action in taking the instrument amounted to bad faith. Rockfield vs. First Nat. Bk. of Springfield, 4 Ohio L. Rep. 290 (May, 1906). Notwithstanding the provisions... | |
| 1905 - 1120 pages
...notice of any infirmity in the Instrument or defect in the title of the person negotiating it" "Sec. 73. To constitute notice of an infirmity in the Instrument...action in taking the instrument amounted to bad faith. "Sec. 74. A holder in due course holds the instrument free from any defect of title or prior parties,... | |
| 1911 - 1170 pages
...considered in connection with section 3447, Rem. & Bal. Code, of the same act, which reads as follows: "To constitute notice of an Infirmity in the instrument...action in taking the instrument amounted to bad faith." In other words, If an indorsee for value before maturity did not have actual knowledge of the infirmity... | |
| 1918 - 1210 pages
...negotiating the same, the person to whom it is negotiated must have had actual knowledge of the iulirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith." See 3 RCL p. 1066, § 271. Section 5890 defines the rights of a holder in due course thus: "A holder... | |
| 1917 - 1228 pages
...on from the defendant fraudulently and without consideration." It entirely omitted any reference to "knowledge of such facts that his action in taking the instrument amounted to bad faith." Gen. Stat. 1015, § 6583. See Leavens v. Hoover, 93 Kan. 661, 667, 145 Рас. 877. We find no error... | |
| 1919 - 924 pages
...such statute that, to constitute a notice of an infirmity in the instrument or defect in the title of person negotiating the same, the person to whom it...action in taking the instrument amounted to bad faith. Section 90S9e2 provides that a holder in due course holds the instrument free from any defect or title... | |
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