To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to, whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action... The Pacific Reporter - Page 3411912Full view - About this book
| 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 - 1914 - 788 pages
...director and president, of the defrauding institution shall have had "actual knowledge of the infirmity, or knowledge of such facts that his action in taking the instrument amounted to bad faith," or otherwise be held to be a holder in due course, and as such be entitled to recover when the bank... | |
| 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 - 1912 - 812 pages
...in the inception of the note or negotiation in breach of faith, it must be shown that the indorsee had actual knowledge of the infirmity or defect, or knowledge of such facts as to amount to bad faith. Bills and Notes — "Constructive" and "Actual" Notice of Defects — "Notice"... | |
| 1921 - 1618 pages
...his individual account, cannot be a bona fide holder thereof so as to require actual knowledge of an infirmity or defect, or knowledge of such facts that...action in taking the instrument amounted to bad faith, as required by § 56 (Mo. Rev. Stat. 1909, § 10,026) of the Negotiable Instruments Law. St. Charles... | |
| 1920 - 1790 pages
...charge the purchaser of a note with notice of infirmity in it he must have had actual knowledge of it or knowledge of such facts that his action in taking the instrument amounts to bad faith. [See 3 RCL 1071, 1072.] 456 Pleading — amendment to conform to "proof — discretion.... | |
| 1925 - 1624 pages
...of Negotiable Instruments. To constitute notice the plaintiff must have had actual knowledge of the defect, or knowledge of such facts that his action in taking the note amounted to bad faith. Сотр. Stat. § 3989 ; NIL § 56. When he is called upon to prove lack... | |
| Mississippi. Supreme Court - 1921 - 1010 pages
...constitute notice of an infirmity in the instrument, or defect in the title of the person negotating same, the person to whom it is negotiated must have had...knowledge of such facts that his action in taking the notes amounted to bad faith. We say under the negotiable instruments law passed by the legislature... | |
| Pennsylvania Bar Association - 1899 - 410 pages
...notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had...action in taking the instrument amounted to bad faith. SEC. 57. A holder in due course holds the instrument free from any defect of title of prior parties,... | |
| Minnesota. Supreme Court - 1920 - 648 pages
...procurement of this note. The statute says that "to constitute notice of an infirmity in the instrument * * * the person to whom it is negotiated must have had actual knowledge of the infirmity * * * or knowledge of such facts that his action in taking the instrument amounted to bad faith." GS 1913, §... | |
| Idaho. Supreme Court - 1911 - 912 pages
...notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had...action in taking the instrument amounted to bad faith." We readily agree with this contention. We think it is only actual knowledge of the defect or infirmity... | |
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