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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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Revisal of 1905 of North Carolina: Prepared Under Chapter Three ..., Volume 1

North Carolina, Thomas Brown Womack, Needham Y. Gulley, William R. Rodman - Law - 1905 - 1412 pages
...for value to the extent of his lien. 1899, c. 733, s. 27. 2176. Absence or failure of, as defense. Absence or failure of consideration is matter of defense...an ascertained and liquidated amount or otherwise. 1899, c. 733, s. 28. 2177. Accommodation party, who is; liability. An accommodation party is one who...
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Acts of the Legislature of the State of Michigan, Part 2

Michigan - Session laws - 1905 - 754 pages
...consideration is matter of Ai,scm-eof defense as against any person not a holder in due course ; n»s'deratmn and partial failure of consideration is a defense...an ascertained and liquidated amount or otherwise. SEC. 31. An accommodation party is one who has signed ArcommwUion the instrument as maker, drawer,...
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Miscellaneous Reports. Cases Decided in the Courts of Record of ..., Volume 46

New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - Law reports, digests, etc - 1905 - 758 pages
...Section 54 of the Negotiable Instruments Law, entitled "Effect of Want of Consideration," provides: "Absence or failure of consideration is matter of...as against any person not a holder in due course." Under section 91, entitled " What Constitutes a Holder in Due Course," one of the conditions is: "...
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The Home Library of Law ...

Albert Sidney Bolles - Law - 1905 - 224 pages
...holder for value to the extent of his lien. 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 lanto, whether the failure is an ascertained amount or otherwise. note for necessaries,...
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The Negotiable Instruments Law as Enacted by the State of Ohio and Other ...

Emilius Oviatt Randall - Negotiable instruments - 1906 - 238 pages
...against WM ft Co. Gordon v. Kearney, 17 Ohio 572. (1848.) 3172 (4925) [Effect of Want of Consideration.] Absence or failure of consideration is matter of defense...an ascertained and liquidated amount or otherwise. WHEN CONSIDERATION MAY BE INQUIRED INTO. Where goods are sold on credit, it is an implied condition...
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The Code of Law for the District of Columbia: Enacted March 3, 1901, Amended ...

District of Columbia - Law - 1906 - 442 pages
...deemed a holder for value to the extent of his lien. Sec. 1332. ABSENCE OR FAILURE OF CONSIDERATION. — Absence or failure of consideration is matter of defense...an ascertained and liquidated amount or otherwise. Sec. 1333. ACCOMMODATION PARTIES. — An accommodation party is one who has signed the instrument as...
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The Lancaster Law Review, Volume 23

Law - 1906 - 466 pages
...thereon to have become. a party thereto for value." The 28th section of the same Act provides that " Absence or failure of consideration is matter of defense...as against any person not a holder in due course." It is not pretended that the claimant is a holder in " due course," and from its evidence it appears...
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Acts of the Legislative Assembly of the Territory of New Mexico, Session...

New Mexico - 1907 - 406 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

Illinois - Law - 1907 - 644 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. An accommodation party is one who has signed the instrument as maker, drawer, acceptor, or indorser,...
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Acts of the Legislature of West Virginia

West Virginia - Law - 1907 - 710 pages
...deemed a holder for value to the extent of his lien. Sec. 28. Absence or failure of consideration is a matter of defense as against any person not a holder...pro tanto, whether the failure is an ascertained and a liquidated amount or otherwise. Sec. 29. An accommodation party is one who has signed the instrument...
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