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" But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter. "
The Negotiable Instruments Law with Comments and Criticisms: Reprinted from ... - Σελίδα 14
των Joseph Doddridge Brannan - 1908 - 250 σελίδες
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Laws, Joint Resolutions, and Memorials, Passed at the ... Session of the ...

Nebraska - 1905 - 920 σελίδες
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Reports of Cases Determined in the Supreme Court of the Territory ..., Τόμος 38

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 σελίδες
...favor of the defendant. The plaintiff appeals. The court, among other things, charged the jury that every holder is deemed prima facie to be a holder in due course; that by "holder in due course" is meant one who becomes a holder of the instrument before it is overdue,...

The Northwestern Reporter, Τόμος 186

1922 - 1138 σελίδες
...indorsee of a bill or note, who is in possession of it, or the bearer thereof." Section 5377 says: "Every holder is deemed prima facie to be a holder in due course." Even a payee who gets the note direct from the maker is a prima facie holder In due course. Of course,...

Commentary on the Bills of Exchange Act, 1882 (45 & 46 Victoria, Cap. 61)

W. D. Thorburn - 1882 - 316 σελίδες
...amount to a fraud (h). (3.) A holder (i) (whether for value or not), who derives his title to a bill through a holder in due course, and who is not himself a party to any fraud or illegality affecting it, has all the rights of that holder in due course as regards the acceptor and all parties to the...

Journal of the Institute of Bankers, Τόμος 3

Institute of Bankers (Great Britain) - 1882 - 726 σελίδες
...circumstances as amount to a fraud. (3.) A holder (whether for value or not) who derives his title to a bill through a holder in due course, and who is not himself a party to any fraud or illegality affecting it, has all the rights of that holder in due course as regards the acceptor and all parties to the...

Statutes at Large ...

Great Britain - 1882 - 574 σελίδες
...circumstances as amount to a fraud. (3.) A holder (whether for value or not), who derives his title to a bill through a holder in due course, and who is not himself a party to any fraud or illegality affecting it, has all the rights of that holder in due course as regards the acceptor and all parties to the...

The Bills of Exchange Act, 1882 (45 & 46 Vict., C. 61): An Act to Codify the ...

Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1882 - 126 σελίδες
...the English term " duress." (3.) A holder (whether for value or not), who derives his title to a bill through a holder in due course, and who is not himself a party to any fraud or illegality affecting it, has all the rights of that holder in due course as regards the acceptor and all parties to the...

The Negotiable Instruments Act (Act XXVI of 1881): Being an Act to Define ...

India, Patrick Dunlop Shaw - 1882 - 362 σελίδες
...circumstances as amount to a fraud. (3.) A holder (whether for value or not), who derives his title to a bill through a holder in due course, and who is not himself a party to any fraud or illegality affecting it, has all the rights of that holder in due course as regards the acceptor and all parties to the...

Sammlung der seit dem Jahre 1871 in Aegypten, Belgien, Dänemark ...

Oscar Borchardt - 1883 - 392 σελίδες
...circumstances as amount to a fraud. (3.) A holder (whether for value or not), who derives his title to a bill through a holder in due course, and who is not himself a party to any fraud or illegality affecting it, has all the rights of that holder in due course as regards the acceptor and all parties to the...

The Pacific Reporter, Τόμος 114

1911 - 1168 σελίδες
...course, a negotiable instrument is subject to the same defenses as if it were nonnegotiable. But a bolder who derives his title through a holder in due course,...holder in respect of all parties prior to the latter." This section is only a statutory enactment of a rule theretofore announced by the courts. It is recognized...




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