The Pacific Reporter, Volum 226West Publishing Company, 1924 |
Andre utgaver - Vis alle
Vanlige uttrykk og setninger
action affirmed agreed agreement alleged allowed amount answer appeal application assignment attorney authority Bank cause charged child City claim Commission Company complaint conclusion considered constitute contends contract corporation decree deed defendant denied determine directed District Court effect entered entitled error evidence execution existence fact filed findings follows further given granted ground held instruction interest issue Judge judgment jury KEY-NUMBER land liability matter ment mortgage motion notice objection opinion owner paid parties payment person petition plain plaintiff plaintiff in error pleaded possession present proceeding purchase question reason received record referred relation rendered respondent rule statute sufficient suit Supreme Court sustained taken testimony thereof tion trial court verdict Wash witness
Populære avsnitt
Side 174 - 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 negotiable. But a holder who derives his title through a holder in due course...
Side 174 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Side 174 - The title of a person who negotiates an instrument is defective within the meaning of this Act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Side 174 - 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 title as a holder in due course.
Side 158 - ... municipal improvement, money, property, or effects, whether held in trust or otherwise, or to levy taxes or assessments, or perform any municipal functions whatever."5 ... - "The general assembly shall not delegate to any special commission, private corporation or association...
Side 63 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Side 205 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Side 174 - That it is complete and regular upon its face. (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (3) That he took it in good faith and for value. (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Side 343 - No variance between the allegations in a pleading and the proof is to be deemed material, unless it have actually misled the adverse party, to his prejudice, in maintaining his action or defense upon the merits.
Side 281 - Every person negotiating an instrument by delivery or by a qualified indorsement, warrants : 1. That the instrument is genuine and in all respects what it purports to be; 2.