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" 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 Code of Virginia: With the Declaration of Independence and the ... - Page 295
by Virginia - 1899 - 1177 pages
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The New York Supplement, Volume 91

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...
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Lackawanna Jurist, Volume 12

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...
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The Maryland Code: Public General Laws : Adopted by the General Assembly of ...

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...
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The New York Supplement, Volume 164

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...
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The New York Supplement, Volume 145

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,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 54

Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - Law reports, digests, etc - 1916 - 880 pages
...amount thereof Against all parties liable thereon." Section 4109: "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...
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Reports of Cases Argued and Determined in the Ohio Circuit Courts ..., Volume 22

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,...
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Laws Passed at the Session of the General Assembly of the State of Colorado

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...
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Laws of the State of New York, Volume 2

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...
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A Treatise on the Law of Commercial Paper: Containing a Full ..., Volume 3

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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