 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...  Business Law for Engineers - Page 10-23by Calvin Frank Allen - 1917 - 452 pagesFull view - About this book
 | Illinois. Supreme Court - 1915 - 734 pages
...read in connection with all the other sections in that article, that it means to place the burden upon the holder to prove that he, or some person under whom he claims, comes within the provision of the fourth clause of the statutory definition of a holder in due course,... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1912 - 666 pages
...defect in the title of the person negotiating it." By section 1611 that: "Every holder is deemed prima facie to be a holder in due course ; but when it is...claims acquired the title as a holder in due course," etc. Under such a statute it is very clear that, when it ,' was shown that the title of the company... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1909 - 588 pages
...objections. By section 1604, Comp. Laws 1907, "a holder in due course" is defined. Section 1611 provides that "Every holder is deemed prime facie to be a holder...some person under whom, he claims acquired the title in due course." By section 1607 it is provided that "The title of a person who negotiates an instrument... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1910 - 688 pages
...forged indorsement. (Page 459.) 3. BILLS AND NOTES. Under Comp. Laws 1907, section 1611, providing that every holder Is deemed prime facie to be a holder...when it is shown that the title of any person who negotiated the instrument was defective, the burden is on the holder to prove that he -or some one... | |
 | 1908 - 1282 pages
...every holder is deemed prima facie to be a holder in duo course ; but. when it is shown that the tille of any person who has negotiated the instrument was...acquired the title as a holder in due course, but that such rule does not apply in favor of я party who became bound on the instrument prior to the... | |
 | American Bar Association - 1905 - 980 pages
...only without consideration, but by a fraud on the makers of the note. Under s. 59 (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 he or some person under whom... | |
 | 1905 - 1120 pages
...the full amount thereof against all parties liable thereon." "Sec. 76. Every holder is deemed prlma facie to be a holder in due course; but when it is shown that the title of any person who was negotiated the instrument was defective the burden is on the holder to prove that he or some other... | |
 | 1914 - 448 pages
...the Negotiable Instruments Act of May 16, 1901, PL 194, provides that " every holder is deemed, prima facie, to be a holder in due course ; but when it...person under whom he claims acquired the title as holder in due course." Section 55 declares that " the title of a person who negotiates an instrument... | |
 | 1911 - 1164 pages
...defect in the title of the person negotiating it." By section 1611 that: "Every holder is deemed prima facie to be a holder in due course ; but when it is...claims acquired the title as a holder in due course," etc. Under such a statute It is very clear that, when it was shown that the title of the company which... | |
 | 1921 - 1150 pages
...€=»497(1,5)— Burden or proving title of holder in due course stated Every holder is deemed prima facie to be a holder in due course; but, when it is...person under whom he claims acquired the title as a bolder in due course; and, when the holder thereafter establishes that he received tue note for value... | |
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