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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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Harvard Law Review, Volume 32

Electronic journals - 1919 - 1030 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." Held, that the burden is on the defendants. Lundean v. Hamilton, 169 NW 208 (la.). In a bill in equity...
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Business Law for Engineers

Calvin Frank Allen - Business law - 1919 - 486 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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American law reports annotated, Volume 6

1920 - 1788 pages
...Evidence — burden of proof — consideration. 6. And under § 4109, Rev. Laws 1910, when the title is defective, the burden is on the holder to prove...claims, acquired the title as a holder in due course, and where the bank purchases a negotiable note and deposits the money to the credit of the seller,...
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Cases Argued and Determined in the Supreme Court of the State of ..., Volume 64

Colorado. Supreme Court - Law reports, digests, etc - 1920 - 664 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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Trial Evidence: A Practical Treatise on the Law of Evidence and Related ...

Reed Metzler - Evidence (Law) - 1920 - 832 pages
...in due course : but when it is shown that the title of any person who negotiated the instrument was defective, the burden is on the holder to prove that...claims, acquired the title as a holder in due course. Section 8164, General Code. Th.impson v. Bank, 13 CC (NS) 515, 22 CD 131. Bank v. Wickhnm, fi CD 790,...
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Bender's Selected Statutes of the State of New York as Amended to Close of ...

John T. Fitzpatrick - Domestic relations - 1920 - 660 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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Bailments, Carriers and Sales: With Questions, Problems and Forms ..., Book 3

Alfred William Bays - Bailments - 1920 - 480 pages
...due course ; but when it is shown that the title of any person wlio 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 Northwestern Reporter, Volume 174

Law reports, digests, etc - 1920 - 1092 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," Section 6944, CL 1913. These provisions are applicable in this case. They are in harmony with the rule...
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North Carolina Corporation Code, Annotated: Containing the Statutes ...

James Hinton Pou - Corporation law - 1922 - 1032 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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Cases on Business Law

William Everett Britton, Ralph Stanley Bauer - Commercial law - 1922 - 1612 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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