...and the latter having transferred the same to the plaintiff, the latter is a holder in due course. Every holder is deemed prima facie to be a holder...some person under whom he claims acquired the title as a holder in due course. Section 98, p. 733, Id. In the case now before us, by the admissions of...

...amount thereof against all parties liable thereon." By section 98 it is provided : "Every holder IB deemed prima facie to be a holder In due course; but...some person under whom he claims acquired the title as a holder in due course." It is evident from these provisions that the Legislature did not intend...

...STATUTE. Under Negotiable Instruments Law (Laws 1897, p. 733, e. 612) § 98, providing that, wlion it is shown that the title of any person who has negotiated...some person under whom he claims, acquired the title as a holder in due course, the burden is on the transferee of a note from the payee to show, before...

...instrument, has all the rights of such former holder in respect of all parties prior to the latter. 78. Every holder is deemed prima facie to be a holder...negotiated the instrument was defective, the burden ia on the holder to prove that he or some person under whom he claims, acquired the title as a holder...

...been granted. Section 98 of the Negotiable Instruments Law (Consol. Laws, c. 38), provides : " * * * When it is shown that the title of any person who...defective, the burden is on the holder to prove that he * * * acquired the title as a holder in due course." Defendant having shown that this note was negotiated...

...essential averment of pleading, because the 5gth section of the act of 1901, PL 194, provides that "every holder is deemed, prima facie, to be a holder in due course." The same section further provides that "when it is shown that the title of any person who has negotiated...

...EXCLUSION OF EVIDENCE. Under Negotiable Instruments Law (Consol. Laws 1909, c. 38), 8 98, providing that, when it is shown that the title of any person who has negotiated an instrument was defective, the burden is on the holder to prove that he is a holder In due course,...

...payment of the instrument for the full amount thereof Against all parties liable thereon." Section 4109: "Every holder is deemed prima facie to be a holder...some person under whom he claims acquired the title as a holder in due course. But the last-mentioned rule does not apply in favor of a party who became...

...rights of such former holder in respect of all parties prior to the latter. "RS 3173d (Gen. Code 8164). Every holder is deemed •prima facie to be a holder in due course;" * * * "RS 3178e (Gen. Code 8300). In any case not provided for in this chapter, the rules of law merchant...

...contrary to the rule originally enunciated in the pase of Davis v. Rartlett, supra, I will read it. "Every holder is deemed prima facie to be a holder...who has negotiated the instrument was defective," and we have already had the definition that if a note is obtained by fraud the title is defective,...