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" 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... "
Supplement to the Revised Statutes of the United States: Volume 2 ... - Page 1771
by United States - 1901 - 2037 pages
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The New York Supplement, Volume 115

1909 - 1326 pages
...that the title of any person who has negotiated the instrument was defective, the burden Is on tbe holder to prove that he or some person under whom...claims acquired the title as a holder In due course. » [Ed. Note. — For other cases, see Bills and Notes, Cent Dig. §§ 16751(586; Dec. Dig. { 497.*]...
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The Atlantic Reporter, Volume 72

1909 - 1148 pages
...prima facie to be a holder la due course, and that, when it is shown that the title of the negotiator was defective, the burden is on the holder to prove that he or some person under whom he claimed has acquired title as a holder in due course. Held, in an action by an indorsee of a note before...
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The American State Reports: Containing the Cases of General ..., Volume 130

Abraham Clark Freeman - 1910 - 1362 pages
...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...prior to the acquisition of such defective title." Defendants cannot, therefore, overcome the presumption that the Bank of Denison became the holder of...
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The Laws of the State of New York Relating to Banks, Banking, Trust ...

Willis Seaver Paine - 1910 - 874 pages
...to be a holder in due course; but when it is shown thau the title of any person who has negotiated the instrument was defective, the burden is on the...acquired the title as a holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior to...
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The Law of Negotiable Instruments: Statutes, Cases and Authorities

Ernest Wilson Huffcut - 1910 - 914 pages
...to he 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...whom he claims acquired the title as a holder in due course.1 But the last mentioned rule does not apply si Pages 370-309. "Pages 360-361. " Pages 338-357....
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The South Western Reporter, Volume 126

1910 - 1384 pages
...facie 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...whom he claims, acquired the title as a holder in flue course." The bank here obtained the title to the paper from the Boice & Grogan Lumber Company,...
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The American State Reports: Containing the Cases of General ..., Volume 131

Abraham Clark Freeman - 1910 - 1238 pages
...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...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...
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Annual Report of the Illinois State Bar Association

Illinois State Bar Association - 1899 - 650 pages
...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...prior to the acquisition of such defective title. ARTICLE V. Liabilities of Parties. SEC. 60. The maker of a negotiable instrument by making it engages...
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McKinney's Consolidated Laws of New York Annotated: With ..., Book 37

New York (State) - 1917 - 224 pages
...tmme person under whom he claims acquired the title as a holder iu due course. But the last mentioned rule does not apply in favor of a party who became...prior to the acquisition of such defective title. This section was derived from the Negotiable Instruments Law of 1897, § 98. Who are holders in due...
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The Lehigh County Law Journal: Containing Cases Decided in the ..., Volume 8

1920 - 444 pages
...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...person under whom he claims, acquired the title as holder in due course," etc. Sec. 59, Neg. Inst. Act, 3 Purd. 3279. "The mere possession of a negotiable...
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