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 New York Supplement - Page 3531905Full view - About this book
| Illinois. Supreme Court - 1915 - 734 pages
...read in connection with all the other sections in that article, that it means to place the burden upon the holder to prove that he, or some person under whom he claims, comes within the provision of the fourth clause of the statutory definition of a holder in due course,... | |
| 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 - 1912 - 666 pages
...it." By section 1611 that: "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...claims acquired the title as a holder in due course," etc. Under such a statute it is very clear that, when it ,' was shown that the title of the company... | |
| 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
...Section 1611 provides that "Every holder is deemed prime facie to be a holder in due course; but, when it is shown that the title of any person who has negotiated...some person under whom, he claims acquired the title in due course." By section 1607 it is provided that "The title of a person who negotiates an instrument... | |
| 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 - 1910 - 688 pages
...1907), which provides: "Every 3 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...defective, the burden is on the holder to prove that he or someone under whom he claims acquired the title as a holder in due course." When the plaintiff proved... | |
| 1908 - 1282 pages
...every holder is deemed prima facie to be a holder in duo course ; but. when it is shown that the tille of any person who has negotiated the instrument was...claims acquired the title as a holder in due course, but that such rule does not apply in favor of я party who became bound on the instrument prior to... | |
| American Bar Association - 1905 - 980 pages
...without consideration, but by a fraud on the makers of the note. Under s. 59 (Crawf., s. 98), when it is shown that the title of any person who has negotiated an instrument is defective, the burden is on the holder to prove that he or some person under whom... | |
| 1905 - 1120 pages
...prlma facie to be a holder in due course; but when it is shown that the title of any person who was negotiated the instrument was defective the burden is on the holder to prove that he or some other person under whom he claims acquired the title as holder in due course. But the last mentioned... | |
| 1914 - 448 pages
...PL 194, provides that " 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...person under whom he claims acquired the title as holder in due course." Section 55 declares that " the title of a person who negotiates an instrument... | |
| 1915 - 1200 pages
...him;" and (action 1611) that "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...acquired the title as a holder in due course." The case chiefly turns upon the question of payment. It la argued that the giving of the checks was not... | |
| 1911 - 1164 pages
...it." By section 1611 that: "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...claims acquired the title as a holder in due course," etc. Under such a statute It is very clear that, when it was shown that the title of the company which... | |
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