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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. "
Southern Reporter - Page 360
1921
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Reports of Cases Decided in the Supreme Court of the State of Utah, 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 - Law reports, digests, etc - 1919
...contained in the answer. Upon that question our statute, Comp. Laws 1907, section 1580, provides : ' ' Absence or failure of consideration is matter of defense...an ascertained and liquidated amount or otherwise." Referring again to 1 Daniel, Neg. Insts., in section 193 the author says : ' ' Under the statute it...
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The Northwestern Reporter, Volume 186

Law reports, digests, etc - 1922
...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...an ascertained and liquidated amount or otherwise." That the plaintiff is "not a holder in due course" is clear. It follows that the sole1 und decisive...
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The Lancaster Law Review, Volume 27

Henry Clay Brubaker, Charles Israel Landis, George Ross Eshleman, Issac Clinton Arnold - Law - 1910
...time and date the payments were made. Section 28 of the Act of May 16, 1901, PL 194, declares that " absence or failure of consideration is matter of defense...an ascertained and liquidated amount or otherwise." It would, therefore, seem that the affidavits of defense were sufficient. There is a distinct allegation...
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The Pacific Reporter, Volume 170

Law reports, digests, etc - 1918
...consideration may be pleaded to a part, as well as to the whole, of the cause of action." 9 Cyc. 737. "Absence or failure of consideration is matter of...whether the failure is an ascertained and liquidated amouut or otherwise." Section 4078. Revised Laws 1910. [3] The plaintiff having failed to demur to...
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The Northeastern Reporter, Volume 127

Law reports, digests, etc - 1920
...failure Is an ascertained and liquidated amount or otherwise." By statute such a failure Is made a matter of defense as against any person not a holder In due course, 'and the burden of proof thereof Is upon the defendant, who must set It up In his answer In case he wishes...
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The Atlantic Reporter, Volume 75

Law reports, digests, etc - 1910
...of Public General Laws 1904, art. 13, I 47) provides that absence or failure of consideration is a defense as against any person not a holder in due...partial failure of consideration is a defense pro tanto. [Ed. Note. — For other eases, see Corporations, Cent. Dig. 1401 ; Dec. Dig. ! 316.*] Appeal from...
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Atlantic Reporter, Volume 86

Law reports, digests, etc - 1913
...person whose signature appears thereon, 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 192

Law reports, digests, etc - 1917
...260. The section relied on provides that absence or follure of consideration Is a matter of defense against any person, not a holder in due course, and...an ascertained and liquidated amount or otherwise. This section of the statute is but declaratory of the law as it existed before the statute was passed....
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The Code of Virginia: With the Declaration of Independence and the ...

Virginia - Law - 1899 - 1177 pages
...28. EFFECT OF WANT OF CONSIDERATION.— Absence or failure of consideration is matter of defence as against any person not a holder in due course, and partial failure of consideration is a defence pro tiinto, whether the failure is an ascertained and liquidated amount or otherwise. 29....
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The Southwestern Reporter, Volume 174

Law reports, digests, etc - 1915
...9999, providing, relative to negotiable instrumeats, that absence or failure of consideration is a matter of defense as against any person not a holder in due course, and that partial failure of consideration is a defense pro tanto, where an action on a note given for mining...
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