 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...  The New York Supplement - Page 4961903Full view - About this book
 | New York (State). Supreme Court. Appellate Division - 1903 - 794 pages
...of any infirmity in the instrument or defect in the title of the person negotiating it." Section 9-t defines when the title is defective in the person...thereon." By section 98 it is provided : " Every holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person... | |
 | New York (State). Supreme Court. Appellate Division - 1904 - 794 pages
...the dishonoring of the check by the defendants, he is a holder in due course, and as such he takes the instrument free from any defect of title of prior...defenses available to prior parties among themselves. (Neg. Inst. Law, § 96.) SECOND DEPARTMENT, Jci/r, 1904. [Vol. 97. It is true, of course, that the... | |
 | 1918 - 414 pages
...Instruments Law. Section 57 of the Negotiable Instruments Law would seem to cover all these cases: A holder in 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 enforce payment of the instrument for... | |
 | 1921 - 1620 pages
...or defect in the title of the person negotiating it." Sec. 57. "Rights of holder in due course.—A holder in due course holds the instrument free from...amount thereof against all parties liable thereon." Sec. 59. "Presumption—burden of proof—exception.—Every holder is deemed prima facie to be a holder... | |
 | 1921 - 1618 pages
...instrument, it is likewise apparent plaintiff was a holder, but not a holder in due course, who, under § 57, 'holds the instrument free from any defect of title...defenses available to prior parties among themselves.' " This construction is strengthened by the provision of § 57, which, in defining the rights of a holder... | |
 | 1925 - 936 pages
...or by implication of law, he is deemed aholder for value to the extent of his lien." "Section \313o5 A holder in due course holds the instrument free from...amount thereof against all parties liable thereon." Plaintiff concedes that prior to the enactment of the above sections of the code the decisions of the... | |
 | David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey - 1915 - 722 pages
...vs. Du Ross. 113 Judgment for Plaintiff. Volume 26, Laws of Delaware, 410. By section 57 of said act a holder in due course holds the instrument free from...any defect of title of prior parties, and free from defences available to prior parties among themselves, etc. By section 24 every negotiable instrument... | |
 | 1919 - 278 pages
...same to be surrendered and cancelled." Section 96 of the Negotiable Instruments Law,2 provides that "A holder in due course holds the instrument free...amount thereof against all parties liable thereon." Assuming the plaintiff to be a holder in due course, the question presented to the court was whether... | |
 | 1918 - 356 pages
...There is nothing in the Negotiable Instruments Law which expressly changes the rule. It declares that "a holder in due course holds the instrument free...the full amount thereof against all parties liable thereon."29 Is the maker of a negotiable note, which is declared void by statute, a party liable thereon?... | |
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