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" Absence or failure of consideration is matter of defense as against any person not a holder in due course; and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise. "
Southern Reporter - Page 360
1921
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The Maryland Code: Public General Laws : Adopted by the General Assembly of ...

Maryland - Law - 1898 - 700 pages
...from contract or'by implication of law, he is deemed a holder for value to the extent of his lien. 47. Absence or failure of consideration is matter of defense...an ascertained and liquidated amount or otherwise. 48. An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser,...
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Reports of Cases Argued and Determined in the Ohio Circuit Courts ..., Volume 27

William John Tossell - Law reports, digests, etc - 1918 - 744 pages
...partial want of consideration has been changed by the Negotiable Instruments act, Sec. 8133 GC : ' ' Absence or failure of consideration is matter of defense...an ascertained and liquidated amount or otherwise." This requires a construction of this section, and in doing so Sharp T. Sharp. it may be well to look...
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Journal of the House of Representatives of the ... Regular Session of the ...

Iowa. General Assembly. House of Representatives - Iowa - 1897 - 1164 pages
...contract or by implication of law, he is deemed a holder for value to the extent of his lien. Sec. 35. Absence or failure of consideration is matter of defense...an ascertained and liquidated amount or otherwise. Sec. 36. An accommodation party is one who has signed the instrument as maker, drawer, acceptor or...
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Acts and Resolutions Adopted by the Legislature of Florida

Florida - Law - 1897 - 426 pages
...Special, restrictive or qualified indorsements. Special indorsement. Indorsement in blank. SEC. 28. Absence or failure of consideration is matter of defense...an ascertained and liquidated amount or otherwise. SEC. 29. An accommodation party is one who has signed the instrument as maker, drawer, acceptor or...
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Laws Passed at the Session of the General Assembly of the State of Colorado

Colorado - Electronic journals - 1897 - 434 pages
...of consideration is Failure of matter of defense as against any person not a holder consideration, in due course; and partial failure of consideration...an ascertained and liquidated amount or otherwise. Sec. 29. An accommodation party is one who Accommoda. has signed the instrument as maker, drawer, acceptor...
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Laws of the State of New York, Volume 2

New York (State) - Law - 1897 - 996 pages
...contract or by implication of law, he is deemed a holder for value to the extent of his lien. fense pro tanto whether the failure is an ascertained and liquidated amount or otherwise. § 55. Liability of accommodation indorser. — An accommodation party is one who has signed the instrument...
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A General Act Relative to Negotiable Instruments: (being an Act to Establish ...

Massachusetts - 1898 - 48 pages
...accordance with our own decisions. SECTION 28. "Absence or .failure of consideration is matter of defence as against any person not a holder in due course ; and partial failure of consideration is a defence pro tanto whether the failure is an ascertained and liquidated amount or otherwise." a person...
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A Treatise on the Law of Commercial Paper: Containing a Full ..., Volume 3

Joseph Fitz Randolph - Commercial law - 1899 - 1068 pages
...deemed a holder for value to the extent of his lien. .Sec. 54 (28). Effect oj Want of Consideration. Absence or failure of consideration is matter of defense...an ascertained and liquidated amount or otherwise. Sec. 55 (29). Liability of Accommodation Indorser. An accommodation party is one who has signed the...
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Session Laws of the State of Washington

Washington (State) - Law - 1899 - 476 pages
...contract or by implication of law, he is deemed a holder for value to the extent of his lien. SEC. 28. Absence or failure of consideration is matter of defense...an ascertained and liquidated amount or otherwise. SEC. 29. An accommodation party is one who has signed the instrument as maker, drawer, acceptor or...
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Laws of the State of Utah

Utah - 1899 - 206 pages
...deemed a holder for value to the extent of his lien. Sec. 28. Absence or Failure of Consideration. Absence or failure of consideration is matter of defense...consideration is a defense pro tanto whether the failure is ian ascertained and liquidated amount or otherwise. Sec. 29. Accommodation Party. An accommodation...
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