 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 441925Full view - About this book
 | Maryland - Law - 1898 - 700 pages
...indorsing, as 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...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,... | |
 | Law reports, digests, etc - 1915 - 1294 pages
...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... | |
 | 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
...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... | |
 | Law reports, digests, etc - 1913 - 1288 pages
...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... | |
 | John Augustus Barron - Bills of exchange - 1890 - 152 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... | |
 | John Barnard Byles - Bills of exchange - 1891 - 674 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... | |
 | Henry Roscoe, Maurice Powell - Evidence (Law) - 1891 - 924 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... | |
 | Great Britain - Bills of exchange - 1892 - 98 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... | |
 | John James MacLaren - Bills of exchange - 1892 - 646 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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