A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face; (2) That he became the holder of it before it was overdue, and without notice that it had been previously... Wisconsin Reports - Page 330by Wisconsin. Supreme Court - 1907Full view - About this book
| Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1911 - 952 pages
...Negotiable Instruments Code provides that, to constitute one a holder in due course, it must appear: "That at the time it was negotiated to him he had...defect in the title of the person negotiating it." No notice was brought home to the bank of plaintiffs' .•laiiu or ownership until long after it had... | |
| 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 - 1919 - 800 pages
...previously dishonored, if such was the fact; "Third. That he took it in good faith and for value ; "Fourth. That at the time it was negotiated to him he had no...defect in the title of the person negotiating it." It is urged that the certificate is not complete and regular upon its face, because it carries 2% interest,... | |
| 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 - 1916 - 806 pages
...dishonored ; that the bank took it in good faith ; that at the time it was negotiated with the bank it had no notice of any infirmity in the instrument or...defect in the title of the person negotiating it; but that there was no affirmative evidence that the bank parted with value or gave any consideration... | |
| Illinois. Supreme Court - Law reports, digests, etc - 1915 - 734 pages
...it had been dishonored, if such was the fact; (3) that he took it in good faith and for value; and (4) that at the time it was negotiated to him he had...defect in the title of the person negotiating it. He contends that under these sections of the statute, the title of Stonecipher having been shown to... | |
| Illinois. Supreme Court - Law reports, digests, etc - 1922 - 700 pages
...had been duly accepted by the drawee. It was taken in good faith and for value, and appellant then had no notice of any infirmity in the instrument or...defect in the title of the person negotiating it, and appellant was therefore a holder in due course. It relied upon the general acceptance of appellee... | |
| South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - Law reports, digests, etc - 1921 - 638 pages
...March, 1914, [28 St. at Large, p. 668] ), section 52 of which defines a holder 1 in due course to be one "Who has taken the instrument under the following...defect in the title of the person negotiating it." Plaintiff's testimony tended to satisfy all of these conditions, except the first and last. As material... | |
| 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
...had been previously dishonored, if such was the fact; that he took it in good faith and for value; that at the time it was negotiated to him he had no...defect in the title of the person negotiating it." By section 1611 that: "Every holder is deemed prima facie to be a holder in due course ; but when it... | |
| Law reports, digests, etc - 1905 - 1120 pages
...holder at the time of taking the Instrument knew him to be only an accommodation party." "Sec. 69. A holder In due course is a holder who has taken the...defect in the title of the person negotiating it" "Sec. 73. To constitute notice of an infirmity in the Instrument or defect in the title of the person... | |
| Law - 1914 - 448 pages
...a holder in due course is a holder who has taken the instrument under the following conditions: i. That it is complete and regular upon its face. 2....defect in the title of the person negotiating it." In Second National Bank of Pittsburgh r. Hoffman, 229 Pa., 429, the Court said : " The defendant was... | |
| Law reports, digests, etc - 1911 - 1172 pages
...enforce such right is precluded from setting up the forgery or want of authority." LOL § 5885, states that: "A holder in due course is a holder who has...defect in the title of the person negotiating it." This definition does not embrace the case of a drawee. LOL § 5899: "Every indorser who indorses without... | |
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