 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
 | 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
...by actual delivery, is modified at least to the extent that where a negotiable instrument is in the hands of a " holder in due course " a valid delivery...make them liable to him, is conclusively presumed. The real question in this case is, therefore, whether the plaintiff is ' ' a holder in due course '... | |
 | Melville Madison Bigelow - Negotiable instruments - 1893 - 360 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... | |
 | 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,... | |
 | Institute of Bankers (Great Britain) - Banks and banking - 1895 - 782 pages
...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 conclmicely presumed. (8) "When a bill is no longer in the possession of a party who " has signed it... | |
 | William John Tossell - Law reports, digests, etc - 1911 - 776 pages
...the purpose of transferring the property in the instrument. But where the instrument is in the hand* of a holder in due course, a valid delivery thereof...delivery by him is presumed until the contrary is proved." Under the section the burden, of course, with the notes and the mortgage found in the hands... | |
 | William John Tossell - Law reports, digests, etc - 1905 - 892 pages
...Griswold v. Davis, 31 Vt. 390. Also see last sentence of Sec. 3171o of the new negotiable instrument code: "And where the instrument is no longer in the possession...delivery by him is presumed until the contrary is proved," which, as a statute, has no application to this case but is a statement of the common law... | |
 | Joseph Chitty - Contracts - 1896 - 906 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... | |
 | Sir Mackenzie Dalzell Edwin Stewart Chalmers - Bills of exchange - 1896 - 530 pages
...119, CA But if the bill be in the hands of a holder in § 21. 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 Presumption f , , , . j M i , as to delivery. oi a... | |
 | New York (State) - Law - 1897 - 996 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. Construction where instrument is ambiguous. — Where the language of the instrument... | |
 | Colorado - Electronic journals - 1897 - 394 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. Sec. IT. Where the language of the instrument Amblguous is ambiguous, or there are omissions... | |
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