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
| Joseph Doddridge Brannan - Bills of exchange - 1908 - 276 pages
...holder to prove that he or some person under whom he claims acquired the title as holder in due course.3 But the last.mentioned rule does not apply in favor...instrument prior to the acquisition of such defective title.4 ARTICLE V. LIABILITIES OF PARTIES. Sec. 60. The maker of a negotiable instrument by making... | |
| American Bar Association - Bar associations - 1908 - 1134 pages
...that the plaintiff was a holder in due course, but if it were shown that the title in the person who negotiated the instrument was defective, the burden is on the holder to prove that some person under whom he claims, acquired title as holder in due course, was not misleading. Hopkins... | |
| Iowa. Supreme Court - Law reports, digests, etc - 1909 - 1124 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) - Law - 1909 - 926 pages
...to be a holder in due course; but when it is shown that the title of any person who has »egotiated the instrument was defective, the burden is on the...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... | |
| Law reports, digests, etc - 1909 - 1164 pages
...prima facie to be a holder In due course ; hut, when It is shown that the title of any person who has negotiated the Instrument was defective, the burden...some person under whom he claims acquired the title in due course." By section 1007 it Is provided that "the title of a person •who negotiates an instrument... | |
| John James MacLaren - Bills of exchange - 1909 - 658 pages
...facie to be a holder In due course ; but when it is ment was defective, the burden is on the bolder to prove that he or some person under whom he claims...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... | |
| Law reports, digests, etc - 1909 - 1326 pages
...that the title of any person who has negotiated the instrument was defective, the burden Is on tbe holder to prove that he or some person under whom...claims acquired the title as a holder In due course. » [Ed. Note. — For other cases, see Bills and Notes, Cent Dig. §§ 16751(586; Dec. Dig. { 497.*]... | |
| Law reports, digests, etc - 1909 - 1148 pages
...prima facie to be a holder la due course, and that, when it is shown that the title of the negotiator was defective, the burden is on the holder to prove that he or some person under whom he claimed has acquired title as a holder in due course. Held, in an action by an indorsee of a note before... | |
| New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1904 - 794 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." Section 9-i provides : " The title of a person who negotiates an instrument is defective within the... | |
| Law reports, digests, etc - 1922 - 1658 pages
...shown that the title Headnotes by SHARP, J. 18 ALR— 1. of any person who has negotiated a negotiable instrument was defective, the burden is on the holder...claims acquired the title as a holder in due course, except as otherwise provided in § 4109, Rev. Laws 1910. [See 3 RCL 1033, 1038 et seq.} Appeal —... | |
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