American Law Reports Annotated, Volume 18Lawyers Co-operative Publishing Company, 1922 |
From inside the book
Results 1-5 of 100
Page 1
... burden of proof - holder of note . - 1. The rule placing the burden of proof on the holder obtains where there is fraud in the inception of the note . [ See note on this question beginning on page 18. ] Bills and notes - holder in due ...
... burden of proof - holder of note . - 1. The rule placing the burden of proof on the holder obtains where there is fraud in the inception of the note . [ See note on this question beginning on page 18. ] Bills and notes - holder in due ...
Page 2
... burden is on the holder to show his good faith in obtaining the note . Abmeyer v . First Nat . Bank , 76 Kan . 877 , 92 Pac . 1109 ; Kennedy v . Gibson , 68 Kan . 612 , 75 Pac . 1044 ; Brook v . Teague , 52 Kan . 119 , 34 Pac . 347 ...
... burden is on the holder to show his good faith in obtaining the note . Abmeyer v . First Nat . Bank , 76 Kan . 877 , 92 Pac . 1109 ; Kennedy v . Gibson , 68 Kan . 612 , 75 Pac . 1044 ; Brook v . Teague , 52 Kan . 119 , 34 Pac . 347 ...
Page 3
... burden of proving by a preponder- ance of the evidence that , notwith- standing any fraud practised by Vennum in the procurement of said note , Smith purchased the note with actual knowledge of the infirm- ity or defect , or knowledge ...
... burden of proving by a preponder- ance of the evidence that , notwith- standing any fraud practised by Vennum in the procurement of said note , Smith purchased the note with actual knowledge of the infirm- ity or defect , or knowledge ...
Page 4
... burden was upon the plaintiff , and not upon the defendant , to prove that he acquired title to the note in due course , which , as we have seen , includes proof that it was taken in good faith , and that at the time the purchaser had ...
... burden was upon the plaintiff , and not upon the defendant , to prove that he acquired title to the note in due course , which , as we have seen , includes proof that it was taken in good faith , and that at the time the purchaser had ...
Page 6
... burden of proof upon the holder governs . error . Evidence- This error of the court in placing the burden of proof upon the de- fendant in plain violation of the statute was prejudicial and consti- tuted reversible error . Fraud hav ...
... burden of proof upon the holder governs . error . Evidence- This error of the court in placing the burden of proof upon the de- fendant in plain violation of the statute was prejudicial and consti- tuted reversible error . Fraud hav ...
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Common terms and phrases
action affirmed agreement alleged annotation appeared appellant Asso authority automobile Bank beneficiary bill of lading bona fide burden cause certiorari commission compensation constitute contract contributory negligence corporation County court says covenant Crim crime crossing damages danger defendant driver duty dwelling house eminent domain employee entitled erected evidence fact Federal Trade Commission fendant fraud held holder indorsement injury Iowa judgment juror jury land larceny liable matter of law ment milk Minn N. Y. Supp negotiable Negotiable Instruments officer operation opinion ordinance owner parties partnership passenger payment person plaintiff plaintiff in error prosecution purchase purpose question railroad reason riding rule statute Statute of Frauds street car supra Teleg thereof tion track trial United violation
Popular passages
Page 7 - 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 the title as a holder in due course.
Page 48 - A holder in due course is a holder who has taken the instrument under the following conditions: — 1. That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3.
Page 423 - And unto Adam he said, Because thou hast hearkened unto the voice of thy wife, and hast eaten of the tree, of which I commanded thee, saying, Thou shalt not eat of it: cursed is the ground for thy sake; In sorrow shalt thou eat of it all the days of thy life...
Page 411 - Gross income" includes gains, profits, and income derived from salaries, wages, or compensation for personal service, of whatever kind and in whatever form paid, or from professions, vocations, trades, businesses, commerce, or sales, or dealings in property, whether real or personal, growing out of the ownership or use of or interest in such property; also from interest, rent, dividends, securities, or the transaction of any business carried on for gain or profit, or gains or profits and...
Page 7 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 230 - When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power.
Page 75 - If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger.
Page 650 - Anything which is injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action. Such action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance ; and by the judgment, the nuisance may be enjoined or abated, as well as damages recovered.
Page 226 - It may be said in a general way that the police power extends to all the great public needs. ... It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.
Page 549 - Upon such filing, the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript a decree enforcing, modifying, and enforcing as so modified^ or setting aside in whole or in part the order of the Board.