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" 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... "
Supplement to the Revised Statutes of the United States: Volume 2 ... - Page 1771
by United States - 1901 - 2037 pages
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The Negotiable Instruments Law: With Comments and Criticisms

Joseph Doddridge Brannan, James Barr Ames, Lyman Denison Brewster, Charles Louis McKeehan - 1908 - 276 pages
...negotiable instrument is subject to the same defences as if it were non.negotiable. 1 But a holder 2 who derives his title through a holder in due course,...respect of all parties prior ,to the latter. Sec. 59: Every holder is deemed prima facie to be a holder in due course; but when it is shown that the...
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Miscellaneous Reports. Cases Decided in the Courts of Record of ..., Volume 118

New York (State). Courts - 1922 - 1060 pages
...than a holder in due course, is subject to the same defenses as if it were non-negotiable, but the holder " who derives his title through a holder in...holder in respect of all parties prior to the latter." The court in Horan v. Mason, 141 App. Div. 89, says: " The principle of the rule arose from the fact...
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The Law Student, Volume 4

1926 - 450 pages
...provision referred to in his question. A section of the Uniform Negotiable Instruments Act provides that a holder who derives his title through a holder in due course and who is not "The ability to use the tools of his trade is an absolute prerequisite to the success of the young...
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The South African Law Reports: Transvaal provincial division

Jan Hendrik Gey van Pittius, South Africa. Supreme Court. Transvaal Provincial Division, Adolf Davis - 1920 - 572 pages
...Proclamation which reads as follows: "A holder, whether for value or not, who derives his title to a bill through a holder in due course, and who is not himself a party to any fraud or illegality affecting it has all the rights of that holder in due course as regards the acceptor and all parties to the bill...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 35

North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1917 - 740 pages
...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...has all the rights of such former holder in respect to all parties prior to the holder." It was admitted by the demurrer that the note had been made payable...
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The Ontario Weekly Notes: Cases Determined in the Court of Appeal ..., Volume 1

1910 - 1402 pages
...57 of that Act provides that " a holder, whether for value or not, who derives his title to a bill through a holder in due course, and who is not himself a party to any fraud or illegality affecting it, has all the rights of that holder in due course as regaids the acceptor and all parties to the...
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Reports of Cases Determined in the District Courts of Appeal of ..., Volume 81

1928 - 950 pages
...acquired all rights of the finance company, under section 3139 of the Civil Code, which provides that a holder who derives his title through a holder in due course and who is not a party to any fraud or illegality affecting the instrument has all the rights of the former holder....
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 81

1928 - 952 pages
...acquired all rights of the finance company, under section 3139 of the Civil Code, which provides that a holder who derives his title through a holder in due course and who is not a party to any fraud or illegality affecting the instrument has all the rights of the former holder....
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Pennsylvania Bar Association. Meeting. Report of the ... Annual ..., Volume 5

Pennsylvania Bar Association - 1899 - 410 pages
...than a holder in due course, a negotiable instrument is subject to the same defences as if it were non-negotiable. But a holder who derives his title...in respect of all parties prior to the latter. SEC. 59. Every holder is deemed prima facie to be a holder in due course ; but when it is shown that the...
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Wirtschaftsfragen der Gegenwart: Festschrift für Carl Hans Barz zum 65 ...

Carl Hans Barz - 1974 - 600 pages
...circumstances as amount to a fraud. (3) A holder (wether for value or not) who derives his title to a bill through a holder in due course, and who is not himself a party to any fraud or illegality affecting it, has all the rights of that holder in due course as regards the acceptor and all parties to the...
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