 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 - 1904 - 1280 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... | |
 | Ohio. Circuit Court - Law reports, digests, etc - 1904 - 694 pages
...Davis, 31 Vermont, 390. Also see last sentence of Section 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 incorporated... | |
 | Charles Monfort Lindsay - Negotiable instruments - 1904 - 204 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...to make them liable to him is conclusively presumed (a). And where the instrument is no longer in the possession of a party whose signature appears thereon,... | |
 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - Law reports, digests, etc - 1904 - 778 pages
...delivery. Zuccaro received the check iu the usual course of business and without notice of any infirmity. " Where the instrument is no longer in the possession...appears thereon, a valid and intentional delivery is presumed until the contrary is proved.'' Neg. List. Law, § 35; Am. & Eng. Encyc. of Law (2d ed.),... | |
 | Kentucky - Session laws - 1904 - 378 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 by all parties prior to him so ments—how con/ » as to make them liable to him is conclusively presumed. And where the instrument... | |
 | Commissioners on Uniform State Laws (U.S.). Conference - Uniform state laws - 1907 - 152 pages
...is in possession of a holder in due course, is conclusively presumed to have come to the holder by 'a valid delivery thereof, by all parties prior to him, so as to make them liable to him, and further that, where the instrument is no longer in the possession of a party whose signature appears... | |
 | Transvaal (Colony) - Law - 1904 - 552 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... | |
 | A. M. Hamilton - Bills of exchange - 1904 - 354 pages
...the bill.6 But if the bill be in the hands of a holder in due course ca valid delivery of the bill by all parties prior to him so as to make them liable to him is conclusively presumed.1 (3.) Where a bill is no longer in the possession of a party who has signed it as drawer,... | |
 | Edward Voigt, Charles Voigt - Commercial law - 1904 - 836 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 by all the parties prior to him so as to make them liable to him is conclusively presumed. And where the instrument... | |
 | North Carolina, Thomas Brown Womack, Needham Y. Gulley, William R. Rodman - Law - 1905 - 1412 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...conclusively presumed. And where the instrument is no longer-in possession of a party whose signature appears thereon, a valid and intentional delivery by... | |
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