 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.  Southern Reporter - Page 3601921Full view - About this book
 | Henry Roscoe - Evidence (Law) - 1884 - 834 pages
...in the hands of a holder in due course" (vide sect. 29, post, p. 322) " 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,... | |
 | James Walter Smith - Catalogs, Publishers' - 1884 - 164 pages
...hands of an innocent holder for value, now called a " holder in due course," " the delivery of the bill by all parties prior to him, so as to make them liable to him, is conclusively presumed." (See B. o/Uxch. Act, s. 21.) 8. An acceptance is not binding when given by any other person than the... | |
 | South Australia - Law - 1884 - 330 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 a drawer, acceptor,... | |
 | Aviet Agabeg, William Frederick Barry - Bills of exchange - 1884 - 286 pages
...if the bill be in the hands of a holder in due ind.Act,».ii8, 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,... | |
 | Law reports, digests, etc - 1914 - 1246 pages
...possession of the maker or drawer, there is no presumption of delivery from that person. When, however, the instrument is no longer in the possession of a party whose signature appears thereon, a delivery from the persons whose signatures do appear thereon is presumed until the contrary appears.... | |
 | Henry Dunning Macleod - Banks and banking - 1886 - 722 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 8. Where a bill is no longer in the possession of a party who has signed it as drawer, acceptor, or... | |
 | Law reports, digests, etc - 1908 - 1134 pages
...(PL p. 586). where municipal bonds were negotiated by the mayor without authority, and came into the hands of a holder in due course, a valid delivery thereof by all parties prior to the holder was conclusively presumed, and the holder was entitled to retain them as outstanding obligations... | |
 | Virginia - Law - 1899 - 724 pages
...for the purpose of transferring the property in the instrument. But where the instrument is in the hands of a holder in due course a valid delivery thereof...delivery by him is presumed until the contrary is proved. § 17. CONSTRUCTION WHERE INSTRUMENT is AMBIGUOUS. — Where the language of the instrument... | |
 | Law reports, digests, etc - 1926 - 1230 pages
...the latter was in its hands as the holder in due course. In such case, It le provided in section 16: "A valid delivery thereof by all parties prior to...make them liable to him is conclusively presumed and when the instrument is no longer in the possession of a party whose signature appears thereon, a valid... | |
 | Law reports, digests, etc - 1918 - 1336 pages
...deaf with the matter of presumptions, shows that no such presumption obtains, in this phrase: "When the instrument is no longer in the possession of a party whose siynature apiicur» tlicrcon, a valid and intentional delivery by him is presumed until the contrary... | |
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