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 when... Laws of the Colony of Southern Nigeria - Page 691by Nigeria. Compilations - 1908Full 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
...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...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
...defective within the meaning of this chapter when he obtained the instrument, or any signature thereto, by fraud, duress or force and fear, or other unlawful...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... | |
| Sir Mackenzie Dalzell Edwin Stewart Chalmers - Bills of exchange - 1882 - 126 pages
...particular the title of a person who negotiates a bill is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof,...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... | |
| Institute of Bankers (Great Britain) - Banks and banking - 1882 - 726 pages
...particular the title of a person who negotiates a bill is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof,...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... | |
| W. D. Thorburn - Bills of exchange - 1882 - 318 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... | |
| Law - 1914 - 448 pages
...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...or under 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... | |
| Henry Roscoe - Evidence (Law) - 1884 - 834 pages
...particular the title of a person who negotiates a bill is defective within the meaning of this act when he obtained the bill, or the acceptance thereof,...in breach of faith, or under such circumstances as would amount to a fraud ." "(3.) A holder (whether for value or not) who derives his title to a bill... | |
| Law reports, digests, etc - 1918 - 1210 pages
...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...of faith or under such circumstances as amount to fraud," [1 1 It is the position of defendant that the plaintiff did not plead in his reply facts showing... | |
| Owen Davies Tudor - Commercial law - 1884 - 1250 pages
...particular the title of a person who negotiates a bill is defective within the meaning of this act when he obtained the bill, or the acceptance thereof,...unlawful means, or for an illegal consideration, or when henegotiates it in breach of faith, or under such circumstances as amount to a fraud. Sub-s. 2. A holder... | |
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