To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to, whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action... The Pacific Reporter - Page 3411912Full view - About this book
| 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
...notice of an infirmity in the instrument, or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had...action in taking the instrument amounted to bad faith." We find nothing in the record, either as to the time when the purchase was made by the plaintiff, or... | |
| North Carolina. Supreme Court - 1909 - 1058 pages
...notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had...action in taking the instrument amounted to bad faith." It has further been held with us (Evans v. Freeman, 142 NC, 61) that the form of the endorsement, "without... | |
| 1920 - 516 pages
...payee, In so far as defenses of which he had notice are concerned. By notice is intended either — "actual knowledge of the infirmity or defect, or knowledge...action In taking the instrument amounted to bad faith." Laws 1909, c. 123, § 66. It can be found that one who knew of facts that would have put the ordinary... | |
| 1918 - 502 pages
...said that this rule at common law is strongly enforced in Negotiable Instruments Law. There must be "actual knowledge of the infirmity or defect, or knowledge...such facts that his action in taking the instrument amounts to bad faith." "Mere ground of suspicion as to possible defects in the title of the negotiator,... | |
| American Bar Association - 1906 - 474 pages
...obtained by fraud, the purchaser having had no actual knowledge of the infirmity or defect, nor any knowledge of such facts that his action in taking the instrument amounted to bad faith. Rockfield vs. First Nat. Bk. of Springfield, 4 Ohio L. Rep. 290 (May, 1906). Notwithstanding the provisions... | |
| 1905 - 1120 pages
...notice of an infirmity in the Instrument or defect in the title of the person negotiating the same the person to whom It is negotiated must have had...action in taking the instrument amounted to bad faith. "Sec. 74. A holder in due course holds the instrument free from any defect of title or prior parties,... | |
| 1925 - 1112 pages
...person negotiating a bill or note, "the person to whom it is negotiated must have had actual notice of the infirmity or defect, or knowledge of such facts...action in taking the instrument amounted to bad faith." This writ seems to us an attempt to find or make some conflict or discord between the quoted portions... | |
| 1911 - 1164 pages
...notice of an Infirmity In the Instrument or defect In the title of the person negotiating the same, the person to whom it is negotiated must have had...action in taking the instrument amounted to bad faith." Section 76 provides that "a holder In due course holds the instrument free from any defect of title... | |
| 1908 - 1134 pages
...instrument or defect in the title of the person negotiating the same, the person to whom it is negotiable must have had actual knowledge of the Infirmity or...action in taking the instrument amounted to bad faith." Knowledge on the part of the bank that the person to whom they made the loan was the mayor of the borough,... | |
| 1903 - 1168 pages
...Laws, providing that the notice which will prevent an asmsnee of a note recovering of the maker is actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the note amounted to bad faith, mere suspicion of defect of title or knowledge of circumstances that would... | |
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