American Law Reports Annotated, Volume 34Lawyers Co-operative Publishing Company, 1925 |
From inside the book
Page 301
... Instruments Act provides in 59 : " 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 nego- tiated the instrument was defective , the burden is on the holder to prove ...
... Instruments Act provides in 59 : " 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 nego- tiated the instrument was defective , the burden is on the holder to prove ...
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Common terms and phrases
action affirmed alleged amount appeared appellant applied attorney authority Bank bond breach brought building cause charge charitable claim condition consideration Constitution continued contract corporation court damages death defendant duty easement effect entitled error evidence execution exempt existence fact favor former given granted ground held holding husband injury institution Iowa judge judgment jury land lease liable lien limited marriage Mass meaning ment N. Y. Supp necessary notice Ohio Okla opinion owner parties peace person plaintiff presented presumption proof purchase question reason record recover refused rule statute street sufficient suit supra taken taxation thereon tion trial validity Wash wife
Popular passages
Page 304 - 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 624 - ... made or Intended to take effect in possession or enjoyment after the death of the grantor...
Page 114 - Goods.] (1.) Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for non-acceptance. (2.) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
Page 38 - We are in danger of forgetting that a strong public desire to improve the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional way of paying for the change.
Page 160 - The executor or administrator of a decedent, who has left, him or her surviving, a husband, wife, or next of kin, may maintain an action to recover damages for a wrongful act. neglect, or default, by which the decedent's death was caused, against a natural person who, or a From Id.
Page 59 - It is sufficient, for the present, to say, generally, that, when the importer has so acted upon the thing imported that it has become incorporated and mixed up with the mass of property in the country, it has, perhaps, lost its distinctive character as an import, and has become subject to the taxing power of the state...
Page 301 - The title of a person who negotiates an instrument is 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 means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 208 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Page 519 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 330 - The compensation of an attorney or counsellor for his services, is governed by agreement, express or implied, which is not restrained by law. From the commencement of an action or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action or counterclaim, which attaches to a verdict, report, decision or judgment in his client's favor and the proceeds thereof in whosoever hands they -may come; and cannot be affected by any...