 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...  The Southwestern Reporter - Page 3721913Full view - About this book
 | 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
...cases. Section 58 of our negotiable instruments act (Act No. 265, Pub. Acts 1905), reads as follows: "To constitute notice of an infirmity in the instrument,...knowledge of such facts that his action in taking the instrument amounted to bad faith." We find nothing in the record, either as to the time when the... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1909 - 1058 pages
...(Rovisal, sec. 2205) is conclusive : "2205. Actual Knowledge Necessary to Constitute Notice of Infirmity. To constitute notice of an infirmity in the instrument...knowledge of such facts, that his action in taking the instrument amounted to bad faith." It has further been held with us (Evans v. Freeman, 142 NC,... | |
 | 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 of such facts that his action In taking the instrument amounted to bad faith." Laws 1909, c. 123, § 66. It can be found that one who knew... | |
 | American Bar Association - Law - 1906 - 474 pages
...Tennessee (March 31, 1905). Under the NIL Acts 1899, p. 150, ch. 94 (Crawf., § 95), it is provided that to constitute notice of an infirmity in the instrument...knowledge of such facts that his action in taking the instrument amounted to bad faith. Where certificates of deposit payable to C., " trustee " and... | |
 | Law reports, digests, etc - 1905 - 1120 pages
...notice of any infirmity in the Instrument or defect in the title of the person negotiating it" "Sec. 73. To constitute notice of an infirmity in the Instrument...knowledge of such facts that his action in taking the instrument amounted to bad faith. "Sec. 74. A holder in due course holds the instrument free from... | |
 | Law reports, digests, etc - 1925 - 1124 pages
...sustained. Paragraph 56 of the Negotiable Instruments Act (Gen. St. 1913, § 5868) reads as follows : "To constitute notice of an infirmity in the instrument...knowledge of such facts that his action in taking the instrument amounted to bad faith." There was no evidence introduced or offered that the banks had... | |
 | 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 that his action in taking the instrument amounted to bad faith." This writ seems to us an attempt to find or make some conflict... | |
 | Law reports, digests, etc - 1918 - 1210 pages
...on the instrument prior to the acquisition of such defective title." It Is enacted by section 5889: "To constitute notice of an infirmity in the instrument...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... | |
 | Law reports, digests, etc - 1923 - 1220 pages
...constitute notice of an infirmity in the instrument or defect in the title of the person cegotiating the same, the person to whom it is negotiated must...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... | |
 | Law reports, digests, etc - 1911 - 1170 pages
...for the plaintiff. The court said: "To constitute notice of an infirmity in an instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have actual knowledge of the infirmity or defect, or knowledge of such facts that his action In taking the... | |
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