 | 1920 - 444 pages
...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...person under whom he claims, acquired the title as holder in due course," etc. Sec. 59, Neg. Inst. Act, 3 Purd. 3279. "The mere possession of a negotiable... | |
 | New York (State). Supreme Court. Appellate Division - 1904 - 794 pages
...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...claims acquired the title as a holder in due course." Section 9-i provides : " The title of a person who negotiates an instrument is defective within the... | |
 | 1922 - 1658 pages
...shown that the title Headnotes by SHARP, J. 18 ALR— 1. of any person who has negotiated a negotiable instrument was defective, the burden is on the holder...claims acquired the title as a holder in due course, except as otherwise provided in § 4109, Rev. Laws 1910. [See 3 RCL 1033, 1038 et seq.} Appeal —... | |
 | 1920 - 1790 pages
...Evidence — burden of proof — consideration. 6. And under § 4109, Rev. Laws 1910, when the title is defective, the burden is on the holder to prove that...claims, acquired the title as a holder in due course, and where the bank purchases a negotiable note and deposits the money to the credit of the seller,... | |
 | 1923 - 924 pages
...3140 of the same code provides that "when it is shown that the title of any person who has negotiated the instrument was defective the burden is on the...person under whom he claims acquired the title as holder in due course." Inasmuch as it is alleged in the complaint that the title of the defendant Guarantee... | |
 | 1927 - 604 pages
...aforesaid ; but when it is shown that the title of any person who has negotiated such instrument is defective, the burden is on the holder to prove that...under whom he claims acquired the title as a holder for value and without notice as aforesaid. "These instruments were all once non-negotiable. See Dixon... | |
 | Pennsylvania Bar Association - 1899 - 410 pages
...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...person under whom he claims acquired the title as holder in due course. But the last-mentioned rule does not apply in favor of a party who became bound... | |
 | Alabama. Court of Appeals, Lawrence H. Lee - 1914 - 778 pages
...the instrument is defective, the burden is on the holder to [German,American National Bank v. Lewis.] prove that he or some person under whom he claims acquired the title as a holder in due course," etc. The American & English Encyclopedia of Law (volume 4, pp. 318,320), where the authorities are... | |
 | Philippines. Supreme Court - 1924 - 1112 pages
...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...person under whom he claims acquired the title as holder in due course. In section 55 of the same Law it is declared, among other things, that the title... | |
 | Idaho. Supreme Court - 1911 - 912 pages
...some person under whom he 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...prior to the acquisition of such defective title.'' Sec. 3509, Rev. Codes, defines a holder in due course as follows: "A holder in due course, is a holder... | |
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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... 
