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" In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any... "
Commentary on the Bills of Exchange Act, 1882 (45 & 46 Victoria, Cap. 61) - Σελίδα 77
των W. D. Thorburn - 1882 - 283 σελίδες
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

The Canadian Law Times, Τόμος 28

1908 - 1082 σελίδες
...a holder in due course, and having been himself a party to no fraud or illegality affecting it, had all the rights of that holder in due course as regards the maker and all parties to the bill prior to that holder.' " In appeal,12 the judgment of the Court of...

A Selection of Leading Cases on Mercantile and Maritime Law: With Notes

Owen Davies Tudor - 1884 - 1250 σελίδες
...henegotiates it in breach of faith, or under such circumstances as amount to a fraud. Sub-s. 2. A holder (whether for value or not) who derives his title to...as regards the acceptor and all parties to the bill previous to that holder. Sub-s. 3. Under the same Act (45 & 46 Viet. c. 61, s. 30) the presumption...

The Pacific Reporter, Τόμος 114

1911 - 1168 σελίδες
...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, 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."...

Roscoe's Digest of the Law of Evidence on the Trial of Actions at ..., Τόμοι 1-2

Henry Roscoe - 1884 - 834 σελίδες
...negotiates it in breach of faith, or under such circumstances as would amount to a fraud ." "(3.) A holder (whether for value or not) who derives his title to a bill through a holder in due conree," vide sub-sect. (1), ante, p. 322, " and who is not himself a party to any fraud or illegality...

The Northeastern Reporter, Τόμος 91

1910 - 1190 σελίδες
...payment for the full amount against all parties "liable thereon, and that 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 owner in respect to all parties prior to the latter....

The Code of Virginia: With the Declaration of Independence and the ...

Virginia - 1899 - 724 σελίδες
...instrument is subject to the same defences as if it were non-negotiable. 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 Maryland Code: Public General Laws : Adopted by the General Assembly of ...

Maryland - 1898 - 700 σελίδες
...instrument is subject to the same defences .as if it were non-negotiable. 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 New York Supplement, Τόμος 98

1906 - 1408 σελίδες
...1897, p. 732, c. 612, § 97, providing that a holder of a negotiable instrument 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 nil the rights of such former holder In respect to parties prior to the latter,...

The New York Supplement, Τόμος 87

1904 - 1262 σελίδες
...subject to the same defenses as if It were nonnegotiable, but that the holder who derives his title from 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 Bills of Exchange Act 1890: Fully and Copiously Indexed So as to be of ...

John Augustus Barron - 1890 - 152 σελίδες
...amount to a fraud : t 8. A holder, whether for value or not, who derives his holder. title fo a yll through a holder in due course, and who is not himself...any fraud or illegality affecting it, has all the righti of that holder in due course as regards the acceptor and all parties to the bill prior to that...




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