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" Every holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired... "
Annual Report of the American Bar Association: Including Proceedings of the ... - Page 788
by American Bar Association - 1905
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The Atlantic Reporter, Volume 72

Law reports, digests, etc - 1909 - 1148 pages
...provides that, when It Is shown that the title of the person who has negotiated the Instrument was defective, the burden Is on the holder to prove that...claims, acquired the title as a holder In due course. The effect, therefore, of the rejected proof, would have been to destroy the then existing presumption...
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The Consolidated Laws of the State of New York, 1909: Prepared Under the ...

New York (State) - Law - 1909 - 926 pages
...due course; but when it is shown that the title of any person who has »egotiated the instrument was defective, the burden is on the holder to prove that...claims acquired the title as a holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior...
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Reports of Cases at Law and in Equity Determined by the Supreme ..., Volume 139

Iowa. Supreme Court - Law reports, digests, etc - 1909 - 1124 pages
...due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that...claims acquired the title as a holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior...
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The New York Supplement, Volume 115

Law reports, digests, etc - 1909 - 1326 pages
...that the title of any person who has negotiated the instrument was defective, the burden Is on tbe holder to prove that he or some person under whom...claims acquired the title as a holder In due course. » [Ed. Note. — For other cases, see Bills and Notes, Cent Dig. §§ 16751(586; Dec. Dig. { 497.*]...
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Bills, Notes and Cheques: The Bills of Exchange Act, Revised Statutes of ...

John James MacLaren - Bills of exchange - 1909 - 658 pages
...facie to be a holder In due course ; but when it is ment was defective, the burden is on the bolder to prove that he or some person under whom he claims acquired the title as a holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior...
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The American State Reports: Containing the Cases of General ..., Volume 130

Abraham Clark Freeman - Law reports, digests, etc - 1910 - 1252 pages
...due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that...claims acquired the title as a holder in due course. But the last-mentioned rule does not apply in favor of a party who became bound on the instrument prior...
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The Laws of the State of New York Relating to Banks, Banking, Trust ...

Willis Seaver Paine - Banking law - 1910 - 874 pages
...due course; but when it is shown thau the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that...claims acquired the title as a holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior...
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The Law of Negotiable Instruments: Statutes, Cases and Authorities

Ernest Wilson Huffcut - Negotiable instruments - 1910 - 914 pages
...due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that...whom he claims acquired the title as a holder in due course.1 But the last mentioned rule does not apply si Pages 370-309. "Pages 360-361. " Pages 338-357....
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The New York Supplement, Volume 129

Law reports, digests, etc - 1911 - 1276 pages
...38) expressly provides that: "When it IB shown that the title of any person who has negotiated the instrument Is defective, the burden is on the holder...claims acquired the title as a holder in due course." See sections 94, 95, and Engle v. Hyman, 54 Misc. Rep. 251, 104 NY Supp. 390. Under section 94, the...
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Miscellaneous Reports. Cases Decided in the Courts of Record of ..., Volume 72

New York (State). Courts - Law reports, digests, etc - 1911 - 748 pages
...Law expressly provides that : " when it is shown that the title of any person who has negotiated the instrument is defective, the burden is on the holder...claims acquired the title as a holder in due course." See Neg. Inst. Law, §§ 94, 95 ; Engle v. Hyman, 54 Misc. Kep. 251. Under section 94, the title to...
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