| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1916 - 806 pages
...defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful...or under such circumstances as amount to a fraud." It conclusively appears in this case that Cameron Currie & Co. assumed to act as agents for Mr. Miller... | |
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1909 - 588 pages
...maker. No facts are pleaded showing that "the instrument, or any signature thereto," was obtained "by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration," or that the note was negotiated "in breach of faith, or under such circumstances as amount to a fraud."... | |
| 1922 - 1138 pages
...defective within the meaning of this chapter when he obtained the instrument, or any signature thereto, by fraud, duress or force and fear, or other unlawful...or under such circumstances as amount to a fraud." [2] It would seem, therefore, from what has been said, that it was a question of fact for the Jury... | |
| Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1882 - 126 pages
...is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful...or under such circumstances as amount to a fraud. The expression " force and fear " is the Scotch equivalent of the English term " duress." (3.) A holder... | |
| W. D. Thorburn - 1882 - 316 pages
...(d) duress, or force and fear, (e) or other unlawful means, (/) or for an illegal consideration, (g) or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud (h). (3.) A holder (i) (whether for value or not), who derives his title to a bill through a holder... | |
| Institute of Bankers (Great Britain) - 1882 - 726 pages
...is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when ho negotiates it in breach of faith, or under such circumstances as amount to a fraud. (3.) A holder... | |
| 1914 - 448 pages
...defective, within the meaning of this Act, when he obtained the instrument or any signature thereto by fraud, duress or force, and fear, or other unlawful...or under such circumstances as amount to a fraud." Section 52 provides that " a holder in due course is a holder who has taken the instrument under the... | |
| 1918 - 1210 pages
...defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful...of faith or under such circumstances as amount to fraud," [1 1 It is the position of defendant that the plaintiff did not plead in his reply facts showing... | |
| Henry Roscoe - 1884 - 834 pages
...is defective within the meaning of this act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful...in breach of faith, or under such circumstances as would amount to a fraud ." "(3.) A holder (whether for value or not) who derives his title to a bill... | |
| Owen Davies Tudor - 1884 - 1250 pages
...is defective within the meaning of this act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when henegotiates it in breach of faith, or under such circumstances as amount to a fraud. Sub-s. 2. A holder... | |
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