 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
 | Law reports, digests, etc - 1903 - 1338 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... | |
 | Law - 1912 - 440 pages
...course." The same section further 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." The affidavit of defense is brief, but, to the point. Defendant avers that he... | |
 | Maryland - Law - 1898 - 700 pages
...is shown that the title of any person who has negotiated the instrument was defective, the burden ia on the holder to prove that he or some person under...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 - 1917 - 1154 pages
...Law (Consol. Laws, c. 38), provides : " * * * 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 a holder in due course." Defendant having shown that this note was negotiated... | |
 | Law reports, digests, etc - 1914 - 1290 pages
...1909, c. 38), 8 98, providing that, when it is shown that the title of any person who has negotiated an instrument was defective, the burden is on the holder to prove that he is a holder In due course, where plaintiff, an indorsee in an action on notes, showed merely that he... | |
 | Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - Law reports, digests, etc - 1916 - 880 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." Section 4113: "A person placing his signature upon an instrument otherwise than as maker, drawer or... | |
 | William John Tossell - Law reports, digests, etc - 1912 - 832 pages
...definition that if a note is obtained by fraud the title is defective, as provided in Gen. Code 8160, "the burden is on the holder to prove that he or some...claims acquired the title as a holder in due course. ' ' In other words, if a defense is established against the original payee, then the holder who claims... | |
 | Colorado - Electronic journals - 1897 - 434 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...Parties. Sec. 60. The maker of a negotiable instrument Liability of by making it engages that he will pay it according makerto its tenor; and admits the existence... | |
 | New York (State) - Law - 1897 - 996 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...to the acquisition of such defective title. ARTICLE YI. LIABILITIES OF PARTIES. Section 110. Liability of maker. 111. Liability of drawer. 112. Liability... | |
 | Colorado - Electronic journals - 1897 - 394 pages
...priina 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. due course. Every holder prima facie holder in due course. Liabilities of Parties. Sec. 60. The maker... | |
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