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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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Bills, Notes and Cheques: The Bills of Exchange Act, 1890, Canada, and the ...

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...
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Miscellaneous Reports. Cases Decided in the Courts of Record of ..., Volume 97

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
...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,...
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Laws of Barbados

Barbados - Session laws - 1893 - 462 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 aa a drawer, acceptor,...
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Elements of the Law of Bills, Notes, and Cheques and the English Bills of ...

Melville Madison Bigelow - Negotiable instruments - 1893 - 360 pages
...drawing, accepting, or indorsing, as the case may be ; 1 (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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Journal of the Institute of Bankers, Volume 16

Institute of Bankers (Great Britain) - Banks and banking - 1895 - 782 pages
...find that, as between immediate parties, the delivery "may be shown to have " been conditional or for a special purpose only, and not for the " purpose of transferring the property m the bill." So that, understanding " transfer " in the sense of " transfer," qualified by the words...
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Reports of Cases Argued and Determined in the Ohio Circuit Courts ..., Volume 21

William John Tossell - Law reports, digests, etc - 1911 - 776 pages
...endorsing, 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...the instrument. But where the instrument is in the hand* of a holder in due course, a valid delivery thereof by all parties prior to him so as to make...
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A Digest of the Law of Bills of Exchange, Promissory Notes, Cheques, and ...

Sir Mackenzie Dalzell Edwin Stewart Chalmers - Bills of exchange - 1896 - 530 pages
...drawing, accepting, or indorsing, as the case may be ; 7 (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.8 1 Bank of Van Diemen'i Land v. Bank of Victoria (1871), LR 3 CP 526. 1 LysngJit v. Bryant (1850),...
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A Treatise on the Law of Contracts

Joseph Chitty - Contracts - 1896 - 906 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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Laws of the State of New York, Volume 2

New York (State) - Law - 1897 - 996 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,...
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Acts and Resolutions Adopted by the Legislature of Florida

Florida - Law - 1897 - 426 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,...
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