Absence or failure of consideration is matter of defense as against any person not a holder in due course; and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise. Atlantic Reporter - Page 2091913Full view - About this book
| 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 - 1919 - 688 pages
...question our statute, Comp. Laws 1907, section 1580, provides : ' ' Absence or failure of consideration is matter of defense as against any person not a holder in due course, and partial failure of consideration is a defense pro tanto whether the failure is an ascertained and liquidated... | |
| 1922 - 1138 pages
...ute (section 1732, RC 1919; section 28 Un. | Neg. Inst. Act), which reads as follows: ' "Absence or failure of consideration is a matter of defense as...against any person not a holder in due course, and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and... | |
| 1910 - 450 pages
...Section 28 of the Act of May 16, 1901, PL 194, declares that " absence or failure of consideration is matter of defense as against any person not a holder in due course, and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and... | |
| 1920 - 956 pages
...the failure Is an ascertained and liquidated amount or otherwise." By statute such a failure Is made a matter of defense as against any person not a holder In due course, 'and the burden of proof thereof Is upon the defendant, who must set It up In his answer In case he wishes... | |
| 1910 - 1132 pages
...Gen. Laws 1904 (Negotiable Instrument Act) it is provided that absence or failure of consideration is matter of defense as against any person not a holder in due course, and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and... | |
| 1915 - 1320 pages
...inquiry we are still aided by the Negotiable Instrument Law. It provides (section 9999): "Absence or failure of consideration is a matter of defense as...against any person not a holder in due course ; and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained or liquidated... | |
| Maryland - 1898 - 700 pages
...is deemed a holder for value to the extent of his lien. 47. Absence or failure of consideration is matter of defense as against any person not a holder in due course ; and partial failure of consideration is a defense pro tanto, whether the fail.ure is an ascertained and... | |
| William John Tossell - 1918 - 744 pages
...changed by the Negotiable Instruments act, Sec. 8133 GC : ' ' Absence or failure of consideration is matter of defense as against any person not a holder in due course and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and... | |
| Iowa. General Assembly. House of Representatives - 1897 - 1164 pages
...deemed a holder for value to the extent of his lien. Sec. 35. Absence or failure of consideration is matter of defense as against any person not a holder in due course; and partial failure of consideration is a defense pro tanto whether the failure is an ascertained and liquidated... | |
| Florida - 1897 - 426 pages
...indorsements. Special indorsement. Indorsement in blank. SEC. 28. Absence or failure of consideration is matter of defense as against any person not a holder in due course; and partial failure of consideration is a defense pro tanto whether the failure is an ascertained and liquidated... | |
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