Hidden fields
Books Books
" Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired... "
The Pacific Reporter - Page 78
1911
Full view - About this book

Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 267

Illinois. Supreme Court - 1915 - 734 pages
...read in connection with all the other sections in that article, that it means to place the burden upon the holder to prove that he, or some person under whom he claims, comes within the provision of the fourth clause of the statutory definition of a holder in due course,...
Full view - About this book

Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 38

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1912 - 666 pages
...has taken the instrument under the following conditions : That the instrument is complete and regular upon its face; that he became the holder of it before...it ,' was shown that the title of the company which negoti- \ 1 ated the note to the plaintiff was defective, the burden was on the plaintiff to show that...
Full view - About this book

Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 34

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1909 - 588 pages
...1907, "a holder in due course" is defined. Section 1611 provides that "Every holder is deemed prime facie to be a holder in due course; but, when it is...some person under whom, he claims acquired the title in due course." By section 1607 it is provided that "The title of a person who negotiates an instrument...
Full view - About this book

Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 35

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1910 - 688 pages
...course." When the plaintiff proved that the check was stolen from him, the burden shifted to the defendant to prove that he, or some person under whom he claims, acquired title as a holder in due course. Xo such evidence was offered, and no such proof was made. Furthermore...
Full view - About this book

The Northwestern Reporter, Volume 117

1908 - 1282 pages
...every holder is deemed prima facie to be a holder in duo course ; but. when it is shown that the tille of any person who has negotiated the instrument was...claims acquired the title as a holder in due course, but that such rule does not apply in favor of я party who became bound on the instrument prior to...
Full view - About this book

The Lancaster Law Review, Volume 31

1914 - 448 pages
...the plaintiff. The 59th section of the Negotiable Instruments Act of May 16, 1901, PL 194, provides that " every holder is deemed, prima facie, to be...person under whom he claims acquired the title as holder in due course." Section 55 declares that " the title of a person who negotiates an instrument...
Full view - About this book

The Northeastern Reporter, Volume 126

1920 - 960 pages
...that effect. Section 90S9zl, Burns' RS 1914, defines a holder in due course. Section 90S9g2 provides that every holder Is deemed prima facie to be a holder...person under whom he claims acquired the title as holder In due course. Section 9089c2, Burns' RS 1914, provides that— "The title of a person who negotiates...
Full view - About this book

Atlantic Reporter, Volume 93

1915 - 1116 pages
...plaintiff obtained the note before maturity and in due course of business. General Statutes, 4229, provide that: "Every holder is deemed prima facie to be a...claims acquired the title as a holder in due course." As already stated, the defendant offered evidence to show that the note had been obtained from one...
Full view - About this book

The Code of Virginia: With the Declaration of Independence and the ...

Virginia - 1899 - 724 pages
...prior to the latter. 8 59. WHO DEEMED HOLDER IN DUE COURSE. — Every holder is deemed prima facic to be a holder in due course, but when it is shown...claims acquired the title as a holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior...
Full view - About this book

The Southwestern Reporter, Volume 126

1910 - 1386 pages
...negotiable Instrument act. Section 59 (Russell's St. f 1928), provides: "Every holder is deemed prima facie a holder In due course; but when it Is shown that...person under whom he claims, acquired the title as a bolder In due course." The bank here obtained the title to the paper from the Bolee & Grogan Lumber...
Full view - About this book




  1. My library
  2. Help
  3. Advanced Book Search
  4. Download EPUB
  5. Download PDF