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
| Michigan - Session laws - 1905 - 754 pages
...instrument, has all the rights of such former holder in respect of all parties prior to the latter. SEC. 61. 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... | |
| North Carolina, Thomas Brown Womack, Needham Y. Gulley, William R. Rodman - Law - 1905 - 1412 pages
...respect of all parties prior to the latter. 1899, c. 733. s. 58. 2208. Deemed prima facie 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... | |
| American Bar Association - Bar associations - 1905 - 982 pages
...(Crawf., s. 98), when it is shown that the title of any person who has negotiated an instrument is defective, the burden is on the holder to prove that...person under whom he claims acquired the title as a holder in due course. This case affirms what was the law in Iowa before the adoption of the Negotiable... | |
| Robert Emmet Bunker, Michigan - Bills of exchange - 1905 - 392 pages
...Cas. (D. holder" for the words "the latter." C.) 190. £5ec. 61. Holder in due course; who deemed.— Every holder is deemed prima facie to be a holder in due course,1 but when it is shown that the title of any person who has negotiated the instrument was defective,... | |
| District of Columbia - Law - 1906 - 442 pages
...parties prior to the latter. Sec. 1363. WHAT PRESUMPTION WHEN TRANSFEREE'S TITLE SHOWN DEFECTIVE. — 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... | |
| Robert Emmet Bunker - Negotiable instruments - 1906 - 716 pages
...instrument for the full amount thereof against all parties liable thereon." "By section 98 it is provided: "Every holder is deemed prima facie to be a holder...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 to wipe... | |
| Emilius Oviatt Randall - Negotiable instruments - 1906 - 238 pages
...indorser's agent. Pease v. McClelland, 4 OFD 82. (1866.) 3173d (4956) [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... | |
| Wisconsin. Supreme Court - Law reports, digests, etc - 1907 - 806 pages
...the courts, was incorporated into the Negotiable Instrument Law at sec. 1G76 — 29, in these words: "Every holder is deemed prima facie to be a holder...person under whom he claims acquired the title as a holder in due course." Counsel for appellants freely concede that the mere crediting of the consideration... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1907 - 888 pages
...plaintiff, as stated hy the Court, but on the defendant. By sec. 2208 of said ch. 54 it is enacted: "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... | |
| Illinois - Law - 1907 - 644 pages
...instrument, has all the rights of such former holder in respect to all parties prior to such holder. § 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... | |
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