In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any... The Theory and Practice of Banking - Page 490by Henry Dunning Macleod - 1886 - 4 pagesFull view - About this book
| 1908 - 1082 pages
...a holder in due course, and having been himself a party to no fraud or illegality affecting it, had all the rights of that holder in due course as regards the maker and all parties to the bill prior to that holder.' " In appeal,12 the judgment of the Court of... | |
| Owen Davies Tudor - 1884 - 1250 pages
...when henegotiates it in breach of faith, or under such circumstances as amount to a fraud. Sub-s. 2. A holder (whether for value or not) who derives his...as regards the acceptor and all parties to the bill previous to that holder. Sub-s. 3. Under the same Act (45 & 46 Viet. c. 61, s. 30) the presumption... | |
| Henry Roscoe - 1884 - 834 pages
...he negotiates it 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 through a holder in due conree," vide sub-sect. (1), ante, p. 322, " and who is not himself a party to any fraud or illegality... | |
| 1911 - 1168 pages
...instrument is subject to the same defenses as if it were nonnegotiable. But a bolder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument has all the rights of such former holder in respect of all parties prior to the latter."... | |
| 1910 - 1190 pages
...payment for the full amount against all parties "liable thereon, and that a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former owner in respect to all parties prior to the latter.... | |
| Virginia - 1899 - 724 pages
...instrument is subject to the same defences as if it were non-negotiable. But a holder who derives his title through a holder in due course and who is not himself a party to any fraud or illegality affecting the instrument has all the rights of such former holder in respect of all parties prior to the latter.... | |
| Maryland - 1898 - 700 pages
...instrument is subject to the same defences .as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.... | |
| 1906 - 1408 pages
...1897, p. 732, c. 612, § 97, providing that a holder of a negotiable instrument who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has nil the rights of such former holder In respect to parties prior to the latter,... | |
| 1904 - 1262 pages
...subject to the same defenses as if It were nonnegotiable, but that the holder who derives his title from a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.... | |
| John Augustus Barron - 1890 - 152 pages
...amount to a fraud : t 8. A holder, whether for value or not, who derives his holder. title fo a yll through a holder in due course, and who is not himself...any fraud or illegality affecting it, has all the righti of that holder in due course as regards the acceptor and all parties to the bill prior to that... | |
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