Every holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired... Annual Report of the Illinois State Bar Association - Page 106by Illinois State Bar Association - 1899Full view - About this book
| American Bar Association - Bar associations - 1905 - 982 pages
...(Crawf., s. 98), when it is shown that the title of any person who has negotiated an instrument is defective, the burden is on the holder to prove that...claims acquired the title as a holder in due course. This case affirms what was the law in Iowa before the adoption of the Negotiable Instruments Law. Brown... | |
| Albert Sidney Bolles - Law - 1905 - 224 pages
...prima facie, to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden...person under whom he claims acquired the title as holder in due course. But the last-mentioned rule does not apply in favour of a party who became bound... | |
| District of Columbia - Law - 1906 - 442 pages
...prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden...prior to the acquisition of such defective title. Sec. 1364. LIABILITY OF MAKER. — The maker of a negotiable instrument, by making it, engages that... | |
| Emilius Oviatt Randall - Negotiable instruments - 1906 - 238 pages
...prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden...acquired the title as a holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior to... | |
| Robert Emmet Bunker - Negotiable instruments - 1906 - 716 pages
...prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden...claims acquired the title as a holder in due course." It is evident from these provisions that the Legislature did not intend to wipe out the defenses to... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1907 - 888 pages
...prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden...prior to the acquisition of such defective title." The evidence and the verdict on the first issue established that the title of defendant Summers, who... | |
| Illinois - Law - 1907 - 644 pages
...prima facie to be a holder in due course; but when it [is] shown that the title of any person who has negotiated the instrument was defective, the burden...acquired the title as a holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior to... | |
| New York (State). Board of Statutory Consolidation - Law - 1907 - 1252 pages
...prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden...acquired the title as a holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior to... | |
| West Virginia - Law - 1907 - 710 pages
...prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden...acquired the title as a holder in due course; but the last mentioned rule does not apply in favor of the party who became bound on the instrument prior to... | |
| Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1907 - 806 pages
...prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden...claims acquired the title as a holder in due course." Counsel for appellants freely concede that the mere crediting of the consideration agreed upon, to... | |
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