 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 (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 - 1905 - 760 pages
...since September 14, 1901, at least. By section 35 of the Negotiable Instruments Law it is provided : " Where the instrument is no longer in the possession...delivery by him is presumed until the contrary is proved." There is no direct contradiction of this testimony as to possession by the plaintiff. It was... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1905 - 752 pages
...Newport, 66 NY 14. Kuhns v. Gettysburg National Bank, 68 Penn. St. 445. where the instrument is in the hands of a holder in due course a valid delivery thereof...make them liable to him is conclusively presumed." RL c. 73, § 33. This conclusive presumption exists as well when the note is taken from a thief as... | |
 | Robert Emmet Bunker, Michigan - Bills of exchange - 1905 - 392 pages
...for the purpose of transferring the property in the instrument.8 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.4 And where the... | |
 | Michigan - Session laws - 1905 - 754 pages
...fop 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... | |
 | Emilius Oviatt Randall - Negotiable instruments - 1906 - 238 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. A delivery to a donee, of a deposit book issued by a savings bank containing entries of deposits... | |
 | District of Columbia - Law - 1906 - 442 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. 1321. CONSTRUCTION. — Where the language of the instrument is ambiguous, or there are... | |
 | Robert Emmet Bunker - Negotiable instruments - 1906 - 716 pages
...intended to establish the law in favor of holders in due course. "But where 'the instrument is in the hands of a holder in due course a valid delivery thereof...make them liable to him is conclusively presumed." RL c. 73, § 33. This conclusive presumption exists as well when the note is taken from a thief as... | |
 | Sir Frank Tillyard - Banking law - 1906 - 412 pages
...is irrevocable. 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. If the bill is no longer in the possession of a party who has signed it as drawer, acceptor, or indorser,... | |
 | New Mexico - 1907 - 406 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. 17. Where the language of the instrument is ambiguous or there are omissions therein,... | |
 | Illinois State Bar Association - Bar associations - 1899 - 650 pages
...the purpose of transferring the property in the instrument. But where the instrument is in the bands of a holder in due course, a valid delivery thereof...presumed. And where the instrument is no longer in possession of a party whose signature appears thereon, a valid and intentional delivery by him is presumed... | |
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