 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
 | Law reports, digests, etc - 1908 - 1134 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 transferring the property under the instrument; but where the instrument is iii the bands of a holder in due course, a valid... | |
 | Virginia - Law - 1899 - 724 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 - 1926 - 1230 pages
...provided in section 16 of the Negotiable Instruments Act (Acts 1919, c, 123) that — " • • • But where the instrument is in the hands of a holder...to 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 - 1917 - 1312 pages
...indorsing, as the ease 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 property in the instrument." At the close of the testimony the plaintiff requested and was refused a directed verdict. Plaintiff... | |
 | 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... | |
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