| Law reports, digests, etc - 1905 - 1164 pages
...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...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 it can recover against the... | |
| Law - 1912 - 440 pages
...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...person under whom he claims, acquired the title as holder in due course." The affidavit of defense is brief, but, to the point. Defendant avers that he... | |
| Maryland - Law - 1898 - 700 pages
...former holder in respect of all parties prior to the latter. 78. Every holder is deemed prima facie to be a holder in due course ; but when it is shown...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... | |
| Law reports, digests, etc - 1917 - 1152 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,... | |
| William John Tossell - Law reports, digests, etc - 1912 - 832 pages
...enunciated in the pase of Davis v. Rartlett, supra, I will read it. "Every holder is deemed prima facie to be a holder in due course; but when it is shown...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 - 394 pages
...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 shown...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... | |
| New York (State) - Law - 1897 - 996 pages
...prior to the latter. § 98. Who deemed holder in due course. — Every holder is deemed prima facie to be a holder in due course; but when it is shown...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... | |
| Joseph Fitz Randolph - Commercial law - 1899 - 1068 pages
...prior to the latter. riec. 98 (59). Who Deemed Holder in Due Course. Every holder is deemed prima facie to be a holder in due course; but when it is shown...claims acquired the title as a holder in due course. J5ut the last-mentioned rule does not apply in favor of a party who became bound on the instrument... | |
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