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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. "
The Pacific Reporter - Page 44
1925
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The New York Supplement

Law reports, digests, etc - 1915
...OF DEFENSES. Under Negotiable Instruments Law (Consol. Laws, c. 38) § 35, providing that, where an instrument is in the hands of a holder in due course,...make them liable to him, is conclusively presumed, it was not a defense to a check in the hands of a bona fide holder for value that it was stolen from...
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The New York Supplement

Law reports, digests, etc - 1913
...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...
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The New York Supplement

Law reports, digests, etc - 1911
...indorsing, sis the case may be ; and in such case the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the proi>erty in the instrument. But where the instrument is in the hands of a holder in due conr.ie, a...
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The New York Supplement

Law reports, digests, etc - 1913
...Am. Digs. 1907 to date, ft Rep'r Indexes possession of the bank for the special purpose of collection and not for the purpose of transferring the property in the instrument. Bank of America v. Waydell, 187 NY 115, 79 NE 857. The case cited is none the less parallel because...
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The Bills of Exchange Act 1890: Fully and Copiously Indexed So as to be of ...

John Augustus Barron - Bills of exchange - 1890 - 140 pages
...drawing, accepting or indorsing, as the case may be ; (b) May be shown to have been conditional or for a special purpose only, and not for the purpose of transferring the property in the bill ; en vaiia But if the bill is in the hands of a holder in due course, a presumed, valid delivery...
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A Treatise on the Law of Bills of Exchange: Promissory Notes, Bank-notes and ...

John Barnard Byles - Bills of exchange - 1891 - 584 pages
...drawing, accepting, or indorsing, as the case may be : (b) may be shown to have been conditional or for a special purpose only, and not for the purpose of transferring the property 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...
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Roscoe's Digest of the Law of Evidence on the Trial of Actions at ..., Volume 1

Henry Roscoe, Maurice Powell - Evidence (Law) - 1891 - 1640 pages
...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 of transferring the property in the bill. Sect. 22. " (1.) Capacity to incur liability as a party to a bill is coextensive with capacity...
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A Synopsis of the Bills of Exchange Acts of England and Wales: And the ...

Great Britain - Bills of exchange - 1892 - 80 pages
...drawing, accepting, or indorsing, as the case may be : (6) may be shown to have been conditional or for a special purpose only, and not for the purpose of transferring the property 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...
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Bills, Notes and Cheques: The Bills of Exchange Act, 1890, Canada, and the ...

John James MacLaren - Bills of exchange - 1892 - 568 pages
...drawing, accepting or indorsing, as the case may be ; (6.) May be shown to have been conditional or for a special purpose only, and not for the purpose of transferring the property in the bill ; But if the bill is in the hands of a holder in due wiienv»ii,i delivery course, a valid delivery...
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Bills, Notes and Cheques: The Bills of Exchange Act, 1890, Canada, and the ...

John James MacLaren - Bills of exchange - 1892 - 568 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...
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