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
| Massachusetts. Supreme Judicial Court - 1918 - 780 стор.
...course. Liberty Trust Co. v. Tilton, 217 Mass. 462, and cases there collected. By RL c. 73, § 76, every holder is deemed prima facie to be a holder in due course. The defendant became a holder in due course by receiving a check complete and regular on its face,... | |
| 1919 - 566 стор.
...decision in these cases turned upon the meaning of Section 854 RS Mo. 1919, which states, "- - - but where it is shown that the title of any person who has negotiated...some person under whom he claims acquired the title in due course, - - -". It might seem from that statute that the burden of proving no knowledge of the... | |
| American Bar Association - 1907 - 1246 стор.
...signature appears on a negotiable note is presumed to have become a party thereto for value. Under § 98, every holder is deemed prima facie to be a holder in due course, etc. Under § 75, it is provided that, unless an endorsement bears date after maturity of the instrument,... | |
| American Bar Association - 1904 - 984 стор.
...has all the rights of sucli former holder in respect to all parties prior to the latter, and e?erT holder is deemed prima facie to be a holder in due course until the contrary is shown. Simpson vs. Hefter, 87 NY Supp. 2*43 (Jan., 1904). Where a note was made... | |
| 1924 - 1028 стор.
...when he negotiates it in breach of faith, or under such circumstances as amount to a fraud." "Sec. 59. Every holder is deemed prima facie to be a holder...some person under whom he claims acquired the title in due course." Acts 1913, с. Г.З. pp. 125. 129. 130; Burns' 1914, §§ 90S9x. 0089Ы, 9089zl. 90?9e2,... | |
| Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1919 - 760 стор.
...in due course under section 59 of the Negotiable Instruments Act (J. & A. U 7698), applying to cases "when it is shown that the title of any person, who has negotiated the instrument, was defective." 18. NEW TRIAL, § 77* — when on ground of newly discovered evidence. properly refused. A new trial... | |
| United States - 1962 - 810 стор.
...respect of all parties prior to the latter. § 4379. Holder in due course ; presumption ; burden of proof Every holder is deemed prima facie to be a holder...due course; but when it is shown that the title of a person who has negotiated the instrument was defective, the burden is on the holder to prove that... | |
| Illinois State Bar Association - 1899 - 650 стор.
...holder in respect of all parties prior to the latter. SEC. 59. Every holder is deemed prima facie to be holder in due course; but when it is shown that the title of any person who baa negotiated the instrument was defective, the burden is on the holder to prove that he or some person... | |
| New York (State) - 1917 - 224 стор.
...of a note by a transferee thereof, a presumption arises under this section that such transferee is a holder in due course; but, when it is shown, that the transferor's title was defective, the burden is then placed on the transferee to show that he acquired... | |
| 1916 - 444 стор.
...that every holder is to be deemed prima facie a holder in due course, that same section provides that when it is 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 other person under whom he claims,... | |
| |