In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were nonnegotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any... Legislative Calendar - Page 246by United States. Congress. Senate. Committee on Finance - 1962Full view - About this book
| Law reports, digests, etc - 1908 - 1282 pages
...several «ates. This we think Is apparent from the ict itself. Thus section 30(Юа58 In terms says: "In the hands of any holder other than a holder in...instrument is subject to the same defenses as If it were nonuegotiable." Negotiability is not necessary to the validity of a promissory note, and the mere fact... | |
| Law reports, digests, etc - 1918 - 1210 pages
...instrument for the full amount thereof against all parties liable thereon." Section 5891 provides that: "In the hands of any holder other than a holder in...holder in respect of all parties prior to the latter." It being shown that the plaintiff was the holder of the note in question, the court charged the Jury... | |
| Law reports, digests, etc - 1921 - 1150 pages
...ф=362— Purchaser from bona fide purchaser has tatter's rights. In the hands of any holder other than the holder in due course, a negotiable instrument is subject...any fraud or illegality affecting the instrument, bas all the rights of such former holder in respect of all parties prior to the latter. 4. Bills and... | |
| Law reports, digests, etc - 1911 - 1168 pages
...the bank, their assignor, was itself a holder in due course. The section mentioned reads as follows: "In the hands of any holder other than a holder in...the same defenses as if it were nonnegotiable. But a bolder who derives his title through a holder in due course, and who is not himself a party to any... | |
| Law reports, digests, etc - 1910 - 1168 pages
...the contract. To sustain his theory that It does not do so, appellant cites section 58 of the law: "In the hands of any holder other than a holder in...to the same defenses as If it were nonnegotiable. * * * " Laws 1899, p. 351. c. 149, § 58. If this section stood alone, there is reason for appellant's... | |
| Law reports, digests, etc - 1910 - 1190 pages
...themselves, and may enforce payment for the full amount against all parties "liable thereon, and that a holder who derives his title through a holder in...the instrument, has all the rights of such former owner in respect to all parties prior to the latter. In an action on a draft brought by plaintiffs... | |
| Law reports, digests, etc - 1918 - 1118 pages
...consideration is a matter of defense as agaiiist any person not a holder in due course." Section 28. "In the hands of any holder other than a holder in...to the same defenses as if it were nonnegotiable." Section 68. "A holder in due course is a bolder who has taken the instrument under the following conditions:... | |
| Virginia - Law - 1899 - 724 pages
...full amount thereof against all parties liable thereon. § 58. WHEN SUBJECT TO ORIGINAL DEFENCES.— In the hands of any holder other than a holder in...course a negotiable instrument is subject to the same defences as if it were non-negotiable. But a holder who derives his title through a holder in due course... | |
| Law reports, digests, etc - 1922 - 1052 pages
...other than a holder in due course, is subject to the same defenses as if it were nonnegotiable, but the holder "who derives his title through a holder in...holder in respect of all parties prior to the latter." The court in Horan v. Mason (Nos. 1, 2, and 3), 141 App. Div. 89, 125 N. Y. Supp. 668, says: "The principle... | |
| Law reports, digests, etc - 1904 - 1262 pages
...MATURITY —DEFENSES. The Negotiable Instruments Law, § 97 (Laws 1897, p. 732, c. 612), provides that In the hands of any holder other than a holder In...the same defenses as if It were nonnegotiable, but that the holder who derives his title from a holder in due course, and who is not himself a party to... | |
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