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
| Maryland - Law - 1898 - 700 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...delivery by him is presumed until the contrary is proved. 36. Where the language of the instrument is ambiguous, or there are omissions therein, the... | |
| Law reports, digests, etc - 1911 - 1320 pages
...provision of the subsequent section of the same act, to the effect that, "where the instrument is in the hands of a holder in due course, a valid delivery...make them liable to him is conclusively presumed," must be read in connection with said section 34, and this provision does not apply in the case of an... | |
| 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 - 1916 - 1264 pages
...Law, and claims that under that section, he being a holder in due course, a valid delivery of the note by all parties prior to him, so as to make them liable to him, is conclusively presumed, and that section 34 does not apply. It has been held that section 35 applies only to completed instruments,... | |
| John Augustus Barron - Bills of exchange - 1890 - 152 pages
...vaiia But if the bill is in the hands of a holder in due course, a presumed, 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... | |
| John Barnard Byles - Bills of exchange - 1891 - 678 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 drawer, acceptor, or... | |
| Henry Roscoe, Maurice Powell - Evidence (Law) - 1891 - 924 pages
...be in the hands of a holder in due course " (vide sect. 29, infra), " a valid delivery of the bill by all parties prior to him so as to 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... | |
| Great Britain - Bills of exchange - 1892 - 98 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 [ ] drawer, acceptor,... | |
| John James MacLaren - Bills of exchange - 1892 - 646 pages
...a holder in due wiienv»ii,i delivery course, a valid delivery of the bill by all parties pre8Umed prior to him, so as to make them liable to him, is conclusively presumed : § 21. indorser, a valid and unconditional delivery by him ~ is presumed until the contrary is proved.... | |
| 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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