The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or... Selected Cases on the Law of Negotiable Instruments - Page 190by Robert Emmet Bunker - 1906 - 682 pagesFull 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 - 1916 - 806 pages
...follows: "The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature...or under such circumstances as amount to a fraud." It conclusively appears in this case that Cameron Currie & Co. assumed to act as agents for Mr. Miller... | |
| 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
...the maker. No facts are pleaded showing that "the instrument, or any signature thereto," was obtained "by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration," or that the note was negotiated "in breach of faith, or under such circumstances as amount to a fraud."... | |
| Law reports, digests, etc - 1922 - 1138 pages
..."The title of a person who negotiates an instrument is defective within the meaning of this chapter when he obtained the instrument, or any signature...or under such circumstances as amount to a fraud." [2] It would seem, therefore, from what has been said, that it was a question of fact for the Jury... | |
| American Bar Association - Law - 1887 - 460 pages
...bill is defective within the meaning of this act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful...or under such circumstances as amount to a fraud. (3) A holder (whether for value or not) who derives his title to a bill through a holder in due course,... | |
| Sir Mackenzie Dalzell Edwin Stewart Chalmers - Bills of exchange - 1882 - 126 pages
...bill is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful...or under such circumstances as amount to a fraud. The expression " force and fear " is the Scotch equivalent of the English term " duress." (3.) A holder... | |
| India, Patrick Dunlop Shaw - Negotiable instruments - 1882 - 362 pages
...bill is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful...or under such circumstances as amount to a fraud. (3.) A holder (whether for value or not), who derives his title to a bill through a holder in due course,... | |
| Great Britain - 1882 - 574 pages
...bill is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful...or under such circumstances as amount to a fraud. (3.) A holder (whether for value or not), who derives his title to a bill through a holder in due course,... | |
| W. D. Thorburn - Bills of exchange - 1882 - 316 pages
...(d) duress, or force and fear, (e) or other unlawful means, (/) or for an illegal consideration, (g) or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud (h). (3.) A holder (i) (whether for value or not), who derives his title to a bill through a holder... | |
| Institute of Bankers (Great Britain) - Banks and banking - 1882 - 726 pages
...bill is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when ho negotiates it in breach of faith, or under such circumstances as amount to a fraud. (3.) A holder... | |
| Law - 1914 - 448 pages
..." the title of a person who negotiates an instrument is defective, within the meaning of this Act, when he obtained the instrument or any signature thereto...such circumstances as amount to a fraud." Section 52 provides that " a holder in due course is a holder who has taken the instrument under the following... | |
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