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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 Pacific Reporter - Σελίδα 195
1911
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Τόμος 267

Illinois. Supreme Court - 1915 - 734 σελίδες
...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,...

Reports of Cases Determined in the Supreme Court of the Territory ..., Τόμος 34

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 σελίδες
...1907, "a holder in due course" is defined. Section 1611 provides that "Every holder is deemed prime facie to be a holder in due course; but, when it is...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...

Reports of Cases Determined in the Supreme Court of the Territory ..., Τόμος 35

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 σελίδες
...3. BILLS AND NOTES. Under Comp. Laws 1907, section 1611, providing that every holder Is deemed prime facie to be a holder In due course, but, 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...

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 117

1908 - 1282 σελίδες
...negotiable instruments act by which it is provided in section 59 (Code Supp. 1907, § ЗОбОаЗО), as follows: "Every holder is deemed prima facie to...the burden is on the holder to prove that he or some pei-son under whom he claims acquired the title as a holder in due course. But the last mentioned rule...

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,...

Report of the ... Annual Meeting of the American Bar ..., Τόμος 28,Μέρος 1905

American Bar Association - 1905 - 980 σελίδες
...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...

The Federal Reporter, Τόμος 136

1905 - 1120 σελίδες
...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...

The Atlantic Reporter, Τόμος 77

1911 - 1164 σελίδες
...accommodation note, would not constitute a defense against a holder in due course, and section 78 declares that "every holder is deemed prima facie to be a holder in due course." Section 71 defines a holder in due course: (1) The Instrument must be complete and regular on its face....

The South Western Reporter, Τόμος 218

1920 - 1278 σελίδες
...Kentucky Statutes, and under subsection 59 of section 3720b: "Every holder [of a negotiable instrument] is deemed prima facie to be a holder in due course;...holder to prove that he or some person under whom he j claims acquired the title as a holder in due course." [S] The meaning of this is that when the defendant...




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