 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
 | 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 - 1914 - 788 pages
...L.RA.(NS) 473, 129 NW 455. When it is shown that the title of a person who has negotiated the note is defective, the burden is on the holder to prove that he or some other person under whom he claims had title as a holder in due course. Rev. Codes 1905, Sec. 6361;... | |
 | Law reports, digests, etc - 1920 - 1790 pages
...Evidence — burden of proof — consideration. 6. And under § 4109, Rev. Laws 1910, when the title is defective, the burden is on the holder to prove that...claims, acquired the title as a holder in due course, and where the bank purchases a negotiable note and deposits the money to the credit of the seller,... | |
 | Law reports, digests, etc - 1925 - 1624 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 favor of a party who became bound... | |
 | Law reports, digests, etc - 1923 - 924 pages
...section 3140 of the same code provides that "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." Inasmuch as it is alleged in the complaint that the title of the defendant Guarantee... | |
 | Electronic journals - 1927 - 604 pages
...aforesaid ; but when it is shown that the title of any person who has negotiated such instrument is defective, the burden is on the holder to prove that...under whom he claims acquired the title as a holder for value and without notice as aforesaid. "These instruments were all once non-negotiable. See Dixon... | |
 | Pennsylvania Bar Association - Bar associations - 1899 - 410 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 favor of a party who became bound... | |
 | Alabama. Court of Appeals, Lawrence H. Lee - Law reports, digests, etc - 1914 - 778 pages
...the instrument is defective, the burden is on the holder to [German,American National Bank v. Lewis.] prove that he or some person under whom he claims acquired the title as a holder in due course," etc. The American & English Encyclopedia of Law (volume 4, pp. 318,320), where the authorities are... | |
 | Pennsylvania Bar Association - Bar associations - 1927 - 584 pages
...Act further provides that when it is shown that the title of any person who has negotiated such an instrument was defective, the burden is on the holder to prove that he is the holder for value and without notice. Act 294 provides a method for the sale or disposition of... | |
 | Pennsylvania. Courts - Law reports, digests, etc - 1926 - 916 pages
...Negotiable Instruments Act of May 16, 1901, PL 194, "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 ... acquired the title as holder in due course:" Second National Bank v. Hoffman, 229 Pa. 429; United... | |
 | Philippines. Supreme Court - Law reports, digests, etc - 1924 - 1112 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. In section 55 of the same Law it is declared, among other things, that the title... | |
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