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" 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... "
Annual Report of the American Bar Association: Including Proceedings of the ... - Page 788
by American Bar Association - 1905
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 267

Illinois. Supreme Court - Law reports, digests, etc - 1915
...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...claims, acquired the title as a holder in due course; and section 52 of that act, which defines a holder in due course to be one who has taken the instrument...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 38

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
...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...claims acquired the title as a holder in due course," etc. Under such a statute it is very clear that, when it ,' was shown that the title of the company...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 35

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
...has negotiated the instrument was 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 that the check was stolen from him, the burden shifted to the defendant to...
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Report of the ... Annual Meeting of the American Bar ..., Volume 28, Part 1905

American Bar Association - Law - 1905
...Under the Negotiable Instruments Law, 2^th General Assembly, ch. 130, s. 52 (Cniwf, s. 91), defining a holder in due course, and s. 55 (Crawf., s. 94),...(Apr. 10, 1905). Under B. & C. Comp., ss. 4454 and 445!», etc. (Crawf, 91 and 98), the provisions of which were not properly in issue under the pleadings,...
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The Northwestern Reporter, Volume 117

Law reports, digests, etc - 1908
...negotiated the instrument was defective, 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 does not apply in favor of a party who became bound on the instrument prior...
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The Pacific Reporter, Volume 113

Law reports, digests, etc - 1911
...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...claims acquired the title as a holder in due course," etc. Under such a statute It is very clear that, when it was shown that the title of the company which...
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Atlantic Reporter, Volume 93

Law reports, digests, etc - 1915
...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...claims acquired the title as a holder in due course." As already stated, the defendant offered evidence to show that the note had been obtained from one...
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The Code of Virginia: With the Declaration of Independence and the ...

Virginia - Law - 1899 - 1177 pages
...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...claims acquired the title as a holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior...
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The Southwestern Reporter, Volume 126

Law reports, digests, etc - 1910
...person »ho has negotiated the instrument was defectire, the burden is on the holder to prove that be or some person under whom he claims acquired the title as a holder in due course. [Ed. Note. — Рог other cases, see Bills and Note», Cent. Dig. §§ 1675-10S7 ; Dec. Dig. S 497.*]...
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The New York Supplement

Law reports, digests, etc - 1903
...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...claims acquired the title as a holder in due course." It is evident from these provisions that the Legislature did not intend to wipe out the defenses to...
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