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 1351917Full view - About this book
| United States - 1962 - 810 pages
...holder is deemed prima facie to be a holder in due course; but when it is shown that the title of a 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 title as holder in due course. But the last-mentioned... | |
| Illinois State Bar Association - 1899 - 650 pages
...deemed prima facie to be holder in due course; but when it is shown that the title of any person who baa negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course. But the last-mentioned... | |
| New York (State) - 1917 - 224 pages
...Who deemed holder in due course. 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 instrulOient was defective, the burden is on the holder to prove that he or tmme person under whom... | |
| 1920 - 444 pages
...show — or need to show them. "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...defective, the burden is on the holder, to prove that he, or some person under whom he claims, acquired the title as holder in due course," etc. Sec. 59, Neg.... | |
| 1916 - 444 pages
...that every holder is to be deemed prima facie a holder in due course, that same section provides that when it is shown that the title of any person who has negotiated the instrument is defective, the burden is on the holder to prove that he, or some other person under whom he claims,... | |
| 1922 - 1658 pages
...shown that the title Headnotes by SHARP, J. 18 ALR— 1. of any person who has negotiated a negotiable instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course, except as otherwise... | |
| 1924 - 594 pages
...defective, it was held that under Section 59 the burden of proof was on the plaintiff (the indorsee) to prove that he acquired the title as a holder in due course as defined in Section 52. The correctness of the ruling seems to admit of no doubt. The court went... | |
| 1923 - 924 pages
...instrument under such circumstances as amount to fraud, and section 3140 of the same code provides that "when it is shown that the title of any person who...defective the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course." Inasmuch as it is... | |
| 1927 - 604 pages
...blank by such specified person, shall be deemed prima facie to have title thereto as aforesaid ; but when it is shown that the title of any person who has negotiated such instrument is defective, the burden is on the holder to prove that he or some person under whom... | |
| Pennsylvania Bar Association - 1899 - 410 pages
...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 title of any person who...defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course. But the last-mentioned... | |
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