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" A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable... "
American Law Reports Annotated - Page 273
1920
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Reports of Cases Argued and Determined in the Supreme Court And ..., Volume 94

New Jersey. Supreme Court - 1921 - 664 pages
...before receiving notice of any infirmity in it or defect in the title of the person negotiating it. may enforce payment of the instrument for the full...amount thereof against all parties liable thereon. On appeal from the Hudsbn County Circuit Court. - J- 1-*- Mont. Garage C'ov Manufacturers. &c., Co....
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 181

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 - 1915 - 808 pages
...Drovers' Nat. Bank v. Potvin, 116 Mich. 474 (74 NW 724). Section 59 of the negotiable instruments act is as follows: "A holder in due course holds the instrument...amount thereof against all parties liable thereon." 3. We think it was the duty of the trial court to have charged more fully than it did upon the question...
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Laws, Joint Resolutions, and Memorials, Passed at the ... Session of the ...

Nebraska - 1905 - 920 pages
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The Central Law Journal, Volume 92

1921 - 510 pages
...which sets forth the rights of "a holder in due course," and makes use of the following language : "A holder in due course holds the instrument free...amount thereof against all parties liable thereon." Section 52, which defines "a holder in due course." • Section 59, which has to do with the burden...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 34

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
...negotiates it in breach of faith, or under such circumstances as amount to a fraud." By section 1609 that "A holder in due course holds the instrument free...amount thereof against all parties liable thereon." The defense pleaded was not illegal, but mere partial failure of consideration. Failure or want of...
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The Federal Reporter, Volume 136

1905 - 1120 pages
...course holds the instrument free from any defect of title or prior parties, and free from defences available to prior parties among themselves, and may...amount thereof against all parties liable thereon." "Sec. 76. Every holder is deemed prlma facie to be a holder in due course; but when it is shown that...
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The Lancaster Law Review, Volume 32

1915 - 456 pages
...to charge the holder therewith. In section 57, of the Act of May 16, 1901, PL 194, it is said that " a holder in due course holds the instrument free from...amount thereof against all parties liable thereon." In Johnson County Savings Bank v. Koch, 38 Sup., 553, it is said : " The portions of the Act of 1901...
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The Pacific Reporter, Volume 160

1917 - 1226 pages
...Remington's Code) It is provided that the holder in due course holds the instrument free from any defects, and "may enforce payment of the instrument for the...amount thereof against all parties liable thereon." A further contention is made to the effect that the notes are not negotiable. This is founded on the...
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The Pacific Reporter, Volume 130

1913 - 1236 pages
...of said check, free from defenses available to prior parties among themselves, and may enforce the payment of the instrument for the full amount thereof against all parties liable thereon. She certainly had no notice of any infirmity in the instrument or any defect therein. The judgment...
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The Northeastern Reporter, Volume 123

1919 - 924 pages
...faith. Section 90S9e2 provides that a holder in due course holds the instrument free from any defect or title of prior parties, and free from defenses available...amount thereof against all parties liable thereon. By its averments that the payee for value received, in due course of business and before Its maturity,...
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