 | Alfred William Bays - Negotiable instruments - 1911 - 216 pages
...holder in respect to all parties prior to the latter. 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... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1911 - 1228 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 cpurse. (p. 280.) BILLS AND NOTES — Title Acquired by Fraud. — The Possession of a negotiable instrument... | |
 | Alfred William Bays - Negotiable instruments - 1911 - 216 pages
...respect to all parties prior to the latter. person who has negotiated the instrument was defective, tk« burden is on the holder to prove that he or some person...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... | |
 | Law reports, digests, etc - 1911 - 1162 pages
...negotiated the instrument was defective, the burden is on the holder to prove that he or some other person under whom he claims, acquired the title as a holder in due course." The defendants rely upon the last paragraph of the section just quoted for their relief. They contend... | |
 | Charles Erehart Chadman - Law - 1912 - 666 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... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - Law reports, digests, etc - 1912 - 842 pages
...assumption that the title of Blake was defective under the provisions of Rem. & Bal. Code, § 3450, the burden is on the holder to prove that he, or some...claims, acquired the title as a holder in due course. Ireland v. Scharpenberg, 54 Wash. 558, 108 Pac. 801 ; Cedar Rapids Nat. Bank v. Myhre Brothers, 57... | |
 | William Frederick Elliott - Contracts - 1913 - 1180 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... | |
 | James Smith McMaster - 1908 - 800 pages
...who negotiated the instrument was defective. When this was done, the burden was upon the plaintiff to prove that he or some person under whom he claims acquired the title as a holder in due course. The section of the Negotiable Instruments Law quoted above (98) as to who is deemed the holder in due... | |
 | James Smith McMaster - 1907 - 750 pages
...who negotiated the paper was defective then the holder in order to recover must show that he or gome person under whom he claims acquired the title as a holder in due course. 11. In the circumstances last stated, proof that a full consideration was paid for the paper prima... | |
 | James Smith McMaster - 1909 - 824 pages
...one who has negotiated the instrument, the burden is on the plaintiff to show that he, or some one under whom he claims, acquired the title as a holder in due course; that is, that he acquired the title (i) before maturity, (2) in good faith and for value, (3) without... | |
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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... 
