 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 Northwestern Reporter - Page 2181920Full view - About this book
 | Illinois. Supreme Court - Law reports, digests, etc - 1915 - 734 pages
...section 59 of the Negotiable Instrument act of 1907, (Hurd's Stat. 1913, p. 1682,) which provides that every holder is deemed prima facie to be a holder...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; and section 52 of that act,... | |
 | 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 - Law reports, digests, etc - 1909 - 588 pages
...1907, "a holder in due course" is defined. Section 1611 provides that "Every holder is deemed prime facie to be a holder in due course; but, when it is...the burden is on the holder to prove that he or some person under whom, he claims acquired the title in due course." By section 1607 it is provided that... | |
 | 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 - Law reports, digests, etc - 1910 - 688 pages
...3. BILLS AND NOTES. Under Comp. Laws 1907, section 1611, providing that every holder Is deemed prime facie to be a holder In due course, but, when it is shown that the title of any person who negotiated the instrument was defective, the burden is on the holder to prove that he -or some one... | |
 | 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 - Law reports, digests, etc - 1912 - 666 pages
...favor of the defendant. The plaintiff appeals. The court, among other things, charged the jury that every holder is deemed prima facie to be a holder in due course; that by "holder in due course" is meant one who becomes a holder of the instrument before it is overdue,... | |
 | American Bar Association - Law - 1905 - 980 pages
...only without consideration, but by a fraud on the makers of the note. Under s. 59 (Crawf., s. 98), when it is shown that the title of any person who has negotiated an instrument is defective, the burden is on the holder to prove that he or some person under whom... | |
 | Law reports, digests, etc - 1905 - 1120 pages
...the full amount thereof against all parties liable thereon." "Sec. 76. Every holder is deemed prlma facie to be a holder in due course; but when it is shown that the title of any person who was negotiated the instrument was defective the burden is on the holder to prove that he or some other... | |
 | Law - 1914 - 448 pages
...plaintiff. The 59th section of the Negotiable Instruments Act of May 16, 1901, PL 194, provides that " every holder is deemed, prima facie, to be a holder...the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course." Section 55 declares that "... | |
 | Law reports, digests, etc - 1911 - 1168 pages
...the instrument or defect in the title of the person negotiating It." Section 3450 reads as follows: "Every holder is deemed prima facie to be a holder...the burden Is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course. * * * " Our inquiry, therefore,... | |
 | Law reports, digests, etc - 1918 - 1210 pages
...means" — and also: "If it has been shown by the evidence in this case that the title of the person who negotiated the instrument was defective, the burden is on the holder to prove that he acquired the title as a holder in due course." The court also instructed the Jury as to what constituted... | |
 | Law reports, digests, etc - 1923 - 1220 pages
...as fraudulent. As ruled in Everding & Farrell v. Toft, 82 Or. 1, 150 Рас. 757, 160 Рас. 1160 : "When it is shown that the title of any person who has negotiated an instrument was defective, the burden is on the holder to prove that he or some person under whom... | |
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