A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable... American Law Reports Annotated - Page 2731920Full view - About this book
| John James MacLaren - 1909 - 658 pages
...due course holds the instrument free from any defect of title of prior parties and free from defences available to prior parties among themselves, and may...amount thereof against all parties liable thereon. 97. When subject to original defenses. — In the hands of any holder other than a holder in due course,... | |
| 1910 - 1318 pages
...forever, whatever Its subsequent history may be." Section 96 of the Negotiable Instruments Law provides, as follows : "A holder In due course holds the Instrument...amount thereof against all parties liable thereon." We think it was the purpose of the Legislature in enacting this provision to make a radical change in... | |
| Louis Applebome - 1910 - 468 pages
...against B, cannot be set up against him. This rule is contained in sec. 96 of the Neg. Inst. Law. It is as follows: "A holder in due course holds the instrument...amount thereof against all parties liable thereon." Q. C was indebted to B for coal, and indorsed to him certain promissory notes payable to C's order... | |
| Tennessee. Supreme Court, William Wilcox Cooke, Joseph Brown Heiskell, Jere Baxter, Benjamin James Lea, George Wesley Pickle, Charles Theodore Cates, Frank Marian Thompson, Charles Le Sueur Cornelius, Roy Hood Beeler - 1910 - 836 pages
...negotiable instruments law of this State (Laws 1899, p. 150, c. 94), passed May 1C, 1899, in section 57, as follows: "A holder in due course holds the instrument...amount thereof against all parties liable thereon." Section 56: "To constitute notice of an infirmity in an instrument or defect in title of the person... | |
| Ohio. Courts - 1910 - 750 pages
...negotiating it." "Section 31736, Revised Statutes (8162, General Code). [Rights of holder in due course.] A holder in due course holds the instrument free from...amount thereof against all parties liable thereon. " Section 3173c, Revised Statutes (8173, General Code). [When subject to original defenses.] In the... | |
| James Parker Hall, James De Witt Andrews - 1910 - 484 pages
...when he negotiates it in breach of faith, or under such circumstances as amount to fraud. Sec. 57. A holder in due course holds the instrument free from...amount thereof against all parties liable thereon. § 105. Existing instrument must be acquired by holder in due course. Not only must there be a valid... | |
| James Parker Hall, James De Witt Andrews - 1910 - 484 pages
...when he negotiates it in breach of faith, or under such circumstances as amount to fraud. Sec. 57. A holder in due course holds the instrument free from...amount thereof against all parties liable thereon. § 105. Existing instrument must be acquired by holder in due course. Not only must there be a valid... | |
| Willis Seaver Paine - 1910 - 874 pages
...Co., 148 NY 652, 31 LRA 776, 51 Am. St. Rep. 727, 43 NE 68. § 96. Bights of holder in due course. — A holder in due course holds the instrument free from...amount thereof against all parties liable thereon. AB to discounting of paper by State bank with knowledge of usurious inception, see Schlesinger v. Lehmaier,... | |
| Ernest Wilson Huffcut - 1910 - 914 pages
...his action in taking the instrument amounted to bad faith.22 § 96. Rights of holder in due course. A holder in due course holds the instrument free from...the full amount thereof against all parties liable thereon.28 [NOTE. — See Bills of Exchange Act, section 38, subdivision (2).] § 97. When subject... | |
| New York (State). Supreme Court. Appellate Division - 1911 - 1098 pages
...taking the instrument amounted to bad faith." Section 96 of the Negotiable Instruments Law provides that "A holder in due course holds the instrument free...amount thereof against all parties liable thereon." Chemer v. Pittsburgh, etc., R. It. Co. (150 NY 59) seems to be a case very much like the case at bar.... | |
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