| Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1917 - 830 pages
...provides that: "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." And, therefore, when it is shown that a note had its origin in fraud, the burden is then placed upon... | |
| West Virginia - Banking law - 1917 - 174 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 the party who became bound on the instrument... | |
| West Virginia - West Virginia - 1917 - 1608 pages
...is shown that the title of any person who has negotiated the instrument was defective, the burdc-n is on the holder to prove that he or some person under...claims acquired the title as a holder in due course ; but the last mentioned rule does not apply in favor of the party who became bound on the instrument... | |
| William Underhill Moore - Negotiable instruments - 1918 - 342 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... | |
| Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1918 - 970 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... | |
| Law reports, digests, etc - 1918 - 1344 pages
...but when it is shown that the title of any person who has negotiated the instrument was defectivo, the burden is on the holder to prove that he or some...claims acquired the title as a holder in due course. The trial court in effect found not only that Garrett's title to the note was defective, but also that... | |
| Law reports, digests, etc - 1918 - 1370 pages
...it is shown that the title of any person who has negotiated the instrument was defective, the bunion is on the holder to prove that he, or some person...claims, acquired the title as a holder in due course; hut the last-meutioncd rule docs not apply in favor of a party who became bound on the instrument prior... | |
| Austin Abbott - Actions and defenses - 1918 - 968 pages
...any 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 (1) before maturity, (2) in good faith and for value, r. Fountain,... | |
| Virginia - Law - 1919 - 1856 pages
...title not only without consideration, but by a fraud on the makers of the note. Under section ,r>621, when it is shown that the title of any person who...before the adoption of the Negotiable Instruments Law. Keegan v. Rock, 102 NW 805, Iowa (1905). Where the holder of a check drawn on another bank deposited... | |
| Zechariah Chafee (Jr.) - Negotiable instruments - 1919 - 128 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." l In Byles on Bills (Chap. IV, p. *60) the common law on this subject, with reference to the burden... | |
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