 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
 | United States. War Department - 1912 - 814 pages
...deemed a holder for value to the extent of his lien. SEC. 28. EFFECT OF WANT OF CONSIDERATION. — Absence or failure of consideration is matter of defense...an ascertained and liquidated amount or otherwise. SEC. 29. LIABILITY OF ACCOMMODATION PARTY. — An accommodation party is one who has signed the instrument... | |
 | United States. War Department - 1912 - 810 pages
...is deemed a holder for value to the extent of his lien. SEC. 28. EFFECT OF WANT OF CONSIDERATION.— Absence or failure of consideration is matter of defense...an ascertained and liquidated amount or otherwise. SEC. 29. LIABILITY OF ACCOMMODATION PARTY. — An accommodation party is one who has signed the instrument... | |
 | Charles Erehart Chadman - Law - 1912 - 666 pages
...deemed a holder for value to the extent of his lien. Sec. 3172. [Effect of want of consideration.] Absence or failure of consideration is matter of defense...an ascertained and liquidated amount or otherwise. Sec. 3172a. [Liability of accommodation party.] An accommodation party is one who has signed the instrument... | |
 | South Dakota - Session laws - 1913 - 796 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,... | |
 | South Dakota - Law - 1913 - 804 pages
...to the extent of his lien. ' x^ § 28. Absence or failure of consideration is a matter of defense A as against any person not a holder in due course,...is a defense pro tanto, whether the failure is an as-/ t-ertained and liquidated amount or otherwise. § 29. An accommodation party is one who has signed... | |
 | James Smith McMaster - 1908 - 800 pages
...value, or occupies the position of a holder for value, as we shall see later. By section 54 of the same act it is provided : "Absence or failure of consideration...as against any person not a holder in due course." Section 91 defines a holder in due course, viz. : "Sec. 91. What constitutes a holder in due course.... | |
 | Law reports, digests, etc - 1913 - 1272 pages
...chargeable with notice, such a defense may be asserted. The negotiable instrument law declares that "absence or failure of consideration is matter of...as against any person not a holder in due course." Gen. Stat. 1909, { 5281. And the same act (section 5305) declares that to constitute one "a holder... | |
 | Law reports, digests, etc - 1913 - 1164 pages
...of defense as against any person not a holder in due course; and partial failure of considera tioii is a defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise." There Is some conflict of authorities as to whether a partial failure can be shown under a plea of... | |
 | South Carolina - Law - 1914 - 734 pages
...contract or by implication of law, he is deemed a holder for value to the extent of his lien. § 28. Absence or failure of consideration is matter of defense...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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