 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 - Сторінка 1951911Повний перегляд - Докладніше про цю книгу
 | Samuel Williston - 1911 - 322 стор.
...instrument has all the rights of such former holder, in respect to all parties prior to the holder. Every holder is deemed, prima facie, to be a holder in due course. Well, then, if we assume a knowledge of what a holder in due course is, and that a holder in due course... | |
 | Samuel Williston - 1911 - 326 стор.
...instrument has all the rights of such former holder, in respect to all parties prior to the holder. Every holder is deemed, prima facie, to be a holder in due course. Well, then, if we assume a knowledge of what a holder in due course is, and that a holder in due course... | |
 | 1911 - 1276 стор.
...98 of the negotiable instruments law (Consol. Laws 1909, c. 38) expressly provides that: "When it IB shown that the title of any person who has negotiated the instrument Is defective, the burden is on the holder to prove that he or some person under whom he claims acquired... | |
 | Francis Buchanan Tiffany - 1912 - 732 стор.
...notice because the note has been long outstanding.21 While in a suit upon a negotiable instrument the holder is deemed prima facie to be a holder in due course, if it be shown that there was fraud, duress, or illegality in the issue Bank, 1 Paige (NY) 585, 19... | |
 | South Dakota - 1913 - 804 стор.
...course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. § 59. Every holder is deemed prima facie to be a holder...defective, the burden is on the holder to prove that he acquired the title as a "holder in due course. But the last mentioned rule does not apply in favor... | |
 | South Dakota - 1913 - 796 стор.
...is subject to the same defenses as if it were non-negotiable. § 59. Every holder is deemed prim a facie to be a holder in due course; but when it is...defective, the burden is on the holder to prove that he acquired the title as a "holder in due course. But the last mentioned rule does not apply in favor... | |
 | James Smith McMaster - 1909 - 824 стор.
...usual form of averment in suits on promissory notes by an indorsee against the maker. It is true that every holder is deemed prima facie to be a holder in due course, but the uniform practice is to aver in the statement that the plaintiff took the note before maturity,... | |
 | James Smith McMaster - 1908 - 800 стор.
...to him there was any infirmity or defect in the title of the person negotiating it. By section 59, ' every holder is deemed prima facie to be a holder in due course,' and by section 57 ' a holder in due course holds the instrument free from any defect or title of prior... | |
 | James Smith McMaster - 1906 - 832 стор.
...the express provisions of Negotiable Instruments Law (Sess. Laws 1899, p. 351, c. 149), I 59, where 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 or some person under whom... | |
 | 1914 - 1298 стор.
...and cases cited. The terms of our statute, with reference to the burden of proof in such cases, are as follows : "Every holder is deemed prima facie to...the burden is on the holder to prove that he or some other person under whom he claims acquired the title as holder in due course." Révisai, § 2208. It... | |
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