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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 Negotiable Instruments Law: From the Draft Prepared for the ...

John Jay Crawford - Negotiable instruments - 1902 - 220 pages
...them for the full amount thereof. See section 96. § 54. Effect of want of consideration.—Absence or failure of consideration is matter of defense as against any person not a holder in due course (a) ; and partial failure of consideration is a defense pro tanto (&), whether the failure is an ascertained...
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A Treatise on Commercial Paper and the Negotiable Instruments Law: Including ...

James Webster Eaton, Frank Bixby Gilbert - Bills of exchange - 1903 - 872 pages
...construed. Brooks v. Sullivan, i29 NC i90, 39 SE 822. § 54. Effect of want of consideration.—Absence or failure of consideration is matter of defense as...an ascertained and liquidated amount or otherwise. [See ante, p. 275.l without receiving value therefor, and for the purpose of lending his name to some...
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General Laws of the State of Idaho ...

Idaho - Electronic journals - 1903 - 494 pages
...deemed a holder for value to the extent of his lien. SEC. 28. Absence of failure of consideration is a matter of defense as against any person not a holder...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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Principles of Law: Commercial Paper; Banks and Banking; Partnership ...

International Correspondence Schools - Banks and banking - 1903 - 646 pages
...receiving notice of any infirmity in the instrument or defect in the title of the person negotiating it." Absence or failure of consideration is matter of defense...consideration is a defense pro tanto, whether the failure be an ascertained and liquidated amount or otherwise." »»NYNIL, Sec. 97; Eng. B. of E. "U M. & W....
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A Treatise on the Law of Negotiable Instruments, Volume 2

John Warwick Daniel, Charles Alexander Douglass - Negotiable instruments - 1903 - 1034 pages
...is deemed a holder for value to the extent of his lien. § 54. Effect of want of consideration — Absence or failure of consideration is matter of defense...partial failure of consideration is a defense pro tantt. whether the failure is an ascertained and liquidated amount or otherwise§ 55. Liability of...
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The Maryland Code, Public General Laws, Codified, Volume 1

Maryland - Law - 1904 - 1280 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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The Business Law of Wisconsin: With a Collection of Practical Forms for the ...

Edward Voigt, Charles Voigt - Commercial law - 1904 - 836 pages
...value before due. Absence of consideration matter of defense.— Absence or failure of considertion is matter of defense as against any person not a holder...an ascertained and liquidated amount or otherwise. Aecommodation party defined.— An accommodation party is one who has signed the instrument as maker,...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1904 - 378 pages
...deemed a holder for value to the extent of his lien. § 28. Absence or failure of consideration is a matter of defense as against any person not a holder...an ascertained and liquidated amount or otherwise. § 29. Aft accommodation pai% is one who 'has signed the instrument as maker, drawer, acceptor or indorser,...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed

Kentucky - Law - 1904 - 384 pages
...deemed a holder for value to the extent of his lien. § 28. Absence or failure of consideration is a matter of defense as against any person not a holder...partial failure of consideration is a defense pro tart to, whether the failure is an ascertained and liquidated amount or otherwise. § 29. AYi accommodation...
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The Negotiable Instruments Law of Kentucky

Charles Monfort Lindsay - Negotiable instruments - 1904 - 204 pages
...§ 28. Effect of Absence or Failure of Consideration. — Absence or failure of consideration is a matter of defense as against any person not a holder in due course (a), and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained...
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