 | Law reports, digests, etc - 1913 - 1290 pages
...no defense as against a bona fide holder for value, for "where the instrument is in the hands of the holder in due course, a valid delivery thereof by...make them liable to him is conclusively presumed." Negotiable Instruments Law, § 35. [4] In this case the plaintiff claims that he discounted the note... | |
 | Law reports, digests, etc - 1911 - 1320 pages
...under the authority of the person making, drawing, accepting, or indorsing the instrument ; and when the instrument is in the hands of a holder in due course a valid delivery is conclusively presumed. The check in question was not delivered ''by or under the authority of" the... | |
 | John Augustus Barron - Bills of exchange - 1890 - 152 pages
...vaiia But if the bill is in the hands of a holder in due course, a presumed, valid delivery of the bill by all parties prior to him, so as to make them liable to him, is conclusively presumed : 8. Where a bill is no longer in the possession of a party who has signed it as drawer, acceptor or... | |
 | John Barnard Byles - Bills of exchange - 1891 - 674 pages
...in the bill. But if the bill be in the hands of a holder in due course a valid delivery of the bill by all parties prior to him so as to make them liable to him is conclusively presumed. (3) Where a bill is no longer in the possession of a party who has signed it as drawer, acceptor, or... | |
 | Henry Roscoe, Maurice Powell - Evidence (Law) - 1891 - 924 pages
...be in the hands of a holder in due course " (vide sect. 29, infra), " a valid delivery of the bill by all parties prior to him so as to make them liable to him is conclusively presumed. " (b.) may be shown to have been conditional or for a special purpose only, and not for the purpose... | |
 | Great Britain - Bills of exchange - 1892 - 98 pages
...in the bill. But if the bill be in the hands of a holder in due course a valid delivery of the bill by all parties prior to him so as to make them liable to him is conclusively presumed. (3.) Where a bill is no longer in the possession of a party who has signed it as [ ] drawer, acceptor,... | |
 | John James MacLaren - Bills of exchange - 1892 - 646 pages
...a holder in due wiienv»ii,i delivery course, a valid delivery of the bill by all parties pre8Umed prior to him, so as to make them liable to him, is conclusively presumed : § 21. indorser, a valid and unconditional delivery by him ~ is presumed until the contrary is proved.... | |
 | John James MacLaren - Bills of exchange - 1892 - 628 pages
...holder in due when valid delivery course, a valid delivery of the bill by all parties 1ire8umedprior to him, so as to make them liable to him, is conclusively presumed : 3. Where a bill is no longer in the possession f^*,^" of a party who has signed it as drawer, acceptor... | |
 | New York (State). Courts, Francis Blaine Delehanty, Austin B. Griffin, Edward Jordan Dimock, Robert George Scherer, Joseph Albert Lawson, William Van Rensselaer Erving, Louis J. Rezzemini, Charles Cook Lester - Law reports, digests, etc - 1917 - 812 pages
...a special purpose only, and not for the purpose of transferring the property in the instrument. But where the instrument is in the hands of a holder in...make them liable to him is conclusively presumed. And where the instrument is no longer in the possession of a party whose signature appears thereon,... | |
 | Melville Madison Bigelow - Negotiable instruments - 1893 - 360 pages
...in the bill. But if the bill be in the hands of a holder in due course, a valid delivery of the bill by all parties prior to him so as to make them liable to him is conclusively presumed. (3) Where a bill is no longer in the possession of a party who has signed it as drawer, acceptor, or... | |
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But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed. 
