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 3601921Full view - About this book
| 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... | |
| 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... | |
| 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... | |
| 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.... | |
| 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... | |
| 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,... | |
| 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,... | |
| 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,... | |
| 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... | |
| 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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