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action affirmed agreed agreement alleged amount appeal asked authority bank bill bond building called cause charge claim complained conclusion condition consideration considered Constitution contract counsel damages death decree deed defendant denied determine directed District Court duty effect entered entitled error evidence executed fact fendant filed follows further give given ground held hold injury instruction interest Iowa issue Judge judgment jury Key-Numbered land matter ment Michigan Minn motion negligence objection opinion owner paid party payment performance person petition plain plaintiff possession present proceedings purchase question reason received record recover reference reversed rule statute street sufficient suit Supreme Court sustained taken testified testimony thereof tion trial court verdict wife witness
Page 218 - 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 title as a holder in due course.
Page 346 - In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable...
Page 143 - Where the transferee receives notice of any infirmity in the instrument or defect in the title of the person negotiating the same before he has paid the full amount agreed to be paid therefor, he will be deemed a holder in due course only to the extent of the amount theretofore paid by him.
Page 149 - Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two thereof shall, in the absence of conclusive proof to the contrary, constitute permanent total disability.
Page 117 - ... unless the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Page 421 - Where a party gives a reason for his conduct and decision touching anything involved in a controversy, he cannot, after litigation has begun, change his ground, and put his conduct upon another and a different consideration. He is not permitted thus to mend his hold. He Is estopped from doing it by a settled principle of law.
Page 41 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Page 79 - If the amendment be made after the joining of the issue, and it be made to appear to the satisfaction of the court, by oath, that an adjournment is necessary to the...
Page 393 - I do not think it can be held, as a matter of law, that plaintiff was guilty of contributory negligence; second, plaintiff's negligence, if contributory, was not so connected with his injury as to bar recovery.