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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... "
McMaster's Commercial Decisions Affecting the Banker and Merchant [from the ... - Side 18
av James Smith McMaster - 1909
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volum 267

Illinois. Supreme Court - 1915 - 734 sider
...section 59 of the Negotiable Instrument act of 1907, (Hurd's Stat. 1913, p. 1682,) which provides that every holder is deemed prima facie to be a holder...claims, acquired the title as a holder in due course; and section 52 of that act, which defines a holder in due course to be one who has taken the instrument...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volum 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 sider
...infirmity in the instrument or defect in the title of the person negotiating it." By section 1611 that: "Every holder is deemed prima facie to be a holder...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...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volum 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 sider
...has negotiated the instrument was defective, the burden is on the holder to prove that he or someone under whom he claims acquired the title as a holder in due course." When the plaintiff proved that the check was stolen from him, the burden shifted to the defendant to...
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The Northwestern Reporter, Volum 117

1908 - 1282 sider
...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...claims 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...
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The Lancaster Law Review, Volum 31

1914 - 448 sider
...plaintiff. The 59th section of the Negotiable Instruments Act of May 16, 1901, PL 194, provides that " every holder is deemed, prima facie, to be a holder...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...
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The Pacific Reporter, Volum 113

1911 - 1164 sider
...infirmity in the instrument or defect in the title of the person negotiating it." By section 1611 that: "Every holder is deemed prima facie to be a holder...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...
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The Pacific Reporter, Volum 193

1921 - 1150 sider
...latter. 4. Bills and notes €=»497(1,5)— Burden or proving title of holder in due course stated Every holder is deemed prima facie to be a holder...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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The Pacific Reporter, Volum 114

1911 - 1168 sider
...the instrument or defect in the title of the person negotiating It." Section 3450 reads as follows: "Every holder is deemed prima facie to be a holder...person under whom he claims acquired the title as holder in due course. * * * " Our inquiry, therefore, is whether the bank from which respondents acquired...
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The Pacific Reporter, Volum 209

1923 - 1220 sider
...Рас. 757, 160 Рас. 1160 : "When it is shown that the title of any person who has negotiated an instrument was defective, the burden is on the holder...claims acquired the title as a holder in due course." See Or. L. § 7861. The motion for a directed verdict in favor of the plaintiff was predicated on the...
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The Pacific Reporter, Volum 115

1911 - 1170 sider
...section 3450 provides, when It is shown that the title of the person who has negotiated the instrument Is defective, the burden Is on the holder to prove that...person under whom he claims, acquired the title as holder in due course; and, although under section 3446 the title of the transportation company to this...
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