 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
 | Law reports, digests, etc - 1910 - 1274 pages
...of Public General Laws 1904, art. 13, § 47) provides that absence or failure of consideration is a defense as against any person not a holder in due...partial failure of consideration is a defense pro tanto. [Ed. Note. — For other cases, see Corporations, Cent. Dig. | 1401 ; Dec. Dig. § 316.*] Appeal from... | |
 | Law reports, digests, etc - 1923 - 1008 pages
...valuable consideration is presumed; and section 34 provides that absence or failure of consideration Is a matter of defense as against any person not a holder in due course. Complying with these rules, the plaintiff testified on direct examination that he was the holder of... | |
 | New York (State) - Law - 1917 - 224 pages
...Div. 17, 67 NYS 1042, affirmed (1903) 173 NY 596, 65 NE 1121. § 54. Effect of want of consideration. Absence or failure of consideration is matter of defense...an ascertained and liquidated amount or otherwise. This section was derived from the Negotiable Instruments Law of 1897, § 54. Accommodation paper: see... | |
 | Illinois State Bar Association - Bar associations - 1899 - 650 pages
...contract or by implication of law, he is deemed a holder for value to the extent of his Hen. SEC. 28. Absence or failure of consideration is matter of defense...partial failure of consideration is a defense pro tantn whether the failure is an ascertained and liquidated amount or otherwise. NEGOTIARLE INSTBUMENTS... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1917 - 740 pages
...failure of — defense — holder in due course. 3. Absence or failure of consideration for a note is a matter of defense as against any person not a holder in due course, and a partial failure of conNote. — The right of a transferee, without indorsement, of a bill or note... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1921 - 716 pages
...application of § 6913, Compiled Laws 1913 (to the effect that absence or failure of consideration is a matter of defense as against any person not a holder in due course) if the instruments in question were being enforced by Beeson after the foreclosure of the land contract,... | |
 | Mississippi. Supreme Court - Law reports, digests, etc - 1921 - 1010 pages
...Negotiable Instrument Act, and it is provided in section 16 of this act: "Rut where the instrument is in the hands of a holder in due course, a valid delivery...defense pro tanto. whether the failure is an ascertained am] liquidated amount or otherwise." Oct., 1!)20] BoAuD OF SUP'KS v. MELTON ET AL. 615 123 Miss.] Syllabus.... | |
 | David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey - Law reports, digests, etc - 1915 - 722 pages
...person whose signature appears thereon, to have become a party thereto for value; and by section 28 absence or failure of consideration is matter of defense...as against any person not a holder in due course. Section 29 defines an accommodation party, and provides that such a person is liable on the instrument... | |
 | Electronic journals - 1918 - 356 pages
...the rule applicable to usury as a real defense.•0 The statute in question expressly declares that "absence or failure of consideration is matter of defense as against any person not a holder in due course."•1 Professor Ames limited this personal defense to failure of consideration.•2 A bill or... | |
 | Pennsylvania Bar Association - Bar associations - 1899 - 410 pages
...value to the extent of his lien. SEC. 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. SEC. 29.... | |
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