 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 Pacific Reporter - Page 4171921Full view - About this book
 | Law reports, digests, etc - 1917 - 1154 pages
...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... | |
 | Law reports, digests, etc - 1914 - 1290 pages
...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,... | |
 | Law - 1912 - 440 pages
...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... | |
 | William John Tossell - Law reports, digests, etc - 1912 - 940 pages
...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... | |
 | William John Tossell - Law reports, digests, etc - 1912 - 832 pages
...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,... | |
 | Colorado - Electronic journals - 1897 - 434 pages
...instrument, has all the rights of such former holder in respect of all parties prior to the latter. Sec. 59. Every holder is deemed prima facie to be a holder...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 bound... | |
 | New York (State) - Law - 1897 - 996 pages
...former holder in respect of all parties prior to the latter. § 98. Who deemed holder in due course. — Every holder is deemed prima facie to be a holder...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 bound... | |
 | Colorado - Electronic journals - 1897 - 394 pages
...former holder in respect of all parties prior to the latter. Sec. 59. Every holder is deemed priina facie to be a holder in due course; but when it is...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 bound... | |
 | Iowa. General Assembly. House of Representatives - Iowa - 1897 - 1164 pages
...former holder in respect of all parties prior to the latter. Sec. 66. Every holder is deemed i<rlma facie to be a holder in due course; but when it is...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 bound... | |
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