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 South Western Reporter - Page 2441920Full view - About this book
| Illinois. Supreme Court - Law reports, digests, etc - 1915 - 734 pages
...read in connection with all the other sections in that article, that it means to place the burden upon the holder to prove that he, or some person under whom he claims, comes within the provision of the fourth clause of the statutory definition of a holder in due course,... | |
| 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
...defined. Section 1611 provides 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...that he or some person under whom, he claims acquired the title in due course." By section 1607 it is provided that "The title of a person who negotiates... | |
| 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
...negotiating it." By section 1611 that: "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...that he or some person under whom he claims acquired the title as a holder in due course," etc. Under such a statute it is very clear that, when it ,' was... | |
| 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
...Laws 1907), which provides: "Every 3 holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person who...defective, the burden is on the holder to prove that he or someone under whom he claims acquired the title as a holder in due course." When the plaintiff proved... | |
| Law reports, digests, etc - 1908 - 1282 pages
...ЗОбОаЗО), as follows: "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...the burden is on the holder to prove that he or some pei-son under whom he claims acquired the title as a holder in due course. But the last mentioned rule... | |
| Law reports, digests, etc - 1905 - 1120 pages
...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 person under whom he claims acquired the title as holder in due course. But the last mentioned... | |
| Law - 1914 - 448 pages
...1901, PL 194, provides that " 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...that he or some person under whom he claims acquired the title as holder in due course." Section 55 declares that " the title of a person who negotiates... | |
| Law reports, digests, etc - 1911 - 1170 pages
...section 3450 provides, when It is shown that the title of the person who has negotiated the instrument Is defective, 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; and, although under section 3446 the title of the transportation... | |
| Law reports, digests, etc - 1911 - 1164 pages
...burden of proceeding or of going forward, but the burden of establishing the existence of facts showing that he, or some person under whom he claims, acquired title as a holder In due course, and as defined in section 1604, which Includes the fact that at the time the note was negotiated he,... | |
| 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... | |
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