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" 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... "
Atlantic Reporter - Page 66
1908
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 181

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 - Law reports, digests, etc - 1915 - 808 pages
...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...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...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 151

North Carolina. Supreme Court - Law reports, digests, etc - 1909 - 1058 pages
...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...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...
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The Central Law Journal, Volume 91

Law - 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...
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The Central Law Journal, Volume 86

Law - 1918 - 502 pages
...said that this rule at common law is strongly enforced in Negotiable Instruments Law. There must be "actual knowledge of the infirmity or defect, or knowledge...such facts that his action in taking the instrument amounts to bad faith." "Mere ground of suspicion as to possible defects in the title of the negotiator,...
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Report of the ... Annual Meeting of the American Bar Association, Volume 30

American Bar Association - Law - 1906 - 474 pages
...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...action in taking the instrument amounted to bad faith. Where certificates of deposit payable to C., " trustee " and " trustee of BF," were wrongfully indorsed...
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The Federal Reporter, Volume 136

Law reports, digests, etc - 1905 - 1120 pages
...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...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,...
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The Federal Reporter

Law reports, digests, etc - 1925 - 1112 pages
...person negotiating a bill or note, "the person to whom it is negotiated must have had actual notice of the infirmity or defect, or knowledge of such facts...action in taking the instrument amounted to bad faith." This writ seems to us an attempt to find or make some conflict or discord between the quoted portions...
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The Pacific Reporter, Volume 115

Law reports, digests, etc - 1911 - 1170 pages
...either one of these requirements of the statute. There is nothing in the case to show that appellant had actual knowledge of the infirmity or defect, or...knowledge of such facts that his action in taking the instruments amounted to bad faith. On the contrary, his evidence, which is unimpeached by that of any...
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The Pacific Reporter, Volume 170

Law reports, digests, etc - 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...
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The Pacific Reporter, Volume 209

Law reports, digests, etc - 1923 - 1220 pages
...instrument or defect in the title of the person cegotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts thnt his action in taking the instrument amounted to bad faith." The answer abundantly pleads actual...
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