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" 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. "
The Northeastern Reporter - Page 429
1920
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 50

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...
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The Northwestern Reporter, Volume 186

1922 - 1138 pages
...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...
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The Lancaster Law Review, Volume 27

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...
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The Atlantic Reporter, Volume 75

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...
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Atlantic Reporter, Volume 86

1913 - 1134 pages
...to have become a party thereto for value; and by section 28 absence or failure of consideration Is matter of defense as against any person not a' holder in due courte. Section 29 defines an accommodation party, and provides that such a person is liable on the...
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The Southwestern Reporter, Volume 174

1915 - 1320 pages
...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...
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The Maryland Code: Public General Laws : Adopted by the General Assembly of ...

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...
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Reports of Cases Argued and Determined in the Ohio Circuit Courts ..., Volume 27

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...
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Journal of the House of Representatives of the ... Regular Session of the ...

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...
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Acts and Resolutions Adopted by the Legislature of Florida

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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