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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 negotiable. But a holder who derives his title through a holder in due course... "
United States Circuit Courts of Appeals Reports: With Key-number Annotations ... - Side 515
1915
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The Negotiable Instruments Law with Comments and Criticisms: Reprinted from ...

Joseph Doddridge Brannan - 1908 - 276 sider
...or not." BEA s. 90. * The English Act reads " from mere personal defences." BEA s. 38 (z). Sec. 58. In the hands of any holder other than a holder in...course, a negotiable instrument is subject to the same defences as if it were non.negotiable.1 But a holder2 who derives his title through a holder in due...
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Laws of the Colony of Southern Nigeria, Volum 1

Nigeria. Compilations - 1908 - 880 sider
...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 bolder in due course as regards the acceptor, and all parties to the...
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Annual Report of the American Bar Association: Including ..., Volum 33

American Bar Association - 1908 - 1134 sider
...Supp. 1042, 1907. Under the NIL (Laws 1897, c. 612, § 97), providing that in the hands of one not a holder in due course, a negotiable instrument is subject to the same defences as if it were not negotiable, a breach of warranty was properly pleaded as a defence. AMASA...
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Reports of Cases at Law and in Equity Determined by the Supreme ..., Volum 139

Iowa. Supreme Court - 1909 - 1124 sider
...several States. This we think is apparent from the act itself. Thus section 3060a58 in terms says : " In the hands of any holder other/ than a holder in...to the same defenses as if it were nonnegotiable." Negotiability is not necessary to the validity of a promissory note, and the mere fact that it is negotiable...
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Principles of the Common Law

John Indermaur - 1909 - 666 sider
...666; 96 LT 715. circumstances amounting to a fraud (m\ But any holder 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...
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Zeitschrift für vergleichende Rechtswissenschaft, einschliesslich ..., Volum 22

1909 - 536 sider
...Voraussetzungen gleich. BEA sect. 29, 3: „A holder (wether 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 prior to...
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Bills, Notes and Cheques: The Bills of Exchange Act, Revised Statutes of ...

John James MacLaren - 1909 - 658 sider
...full amount thereof against all parties liable thereon. 97. When subject to original defenses. — In the hands of any holder other than a holder in due course, negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who...
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The Ohio Nisi Prius Reports, Volum 9

Ohio. Courts - 1910 - 750 sider
...thereon. " Section 3173c, Revised Statutes (8173, General Code). [When subject to original defenses.] In the hands of any holder other than a holder in...title through a holder in due course, and who is not Spring Valley Bank v. Somers. [Vol. IX, NS himself a party to any fraud or illegality affecting the...
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The Law of Negotiable Instruments: Statutes, Cases and Authorities

Ernest Wilson Huffcut - 1910 - 914 sider
...See Bills of Exchange Act, section 38, subdivision (2).] § 97. When subject to original defenses. In the hands of any holder other than a holder in...defenses as if it were non-negotiable. But a holder 2* who derives his title through a holder in due course, and who is not himself a party to any fraud...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 141

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1910 - 784 sider
...recognized by the Negotiable Instrument Law (sec. 1676 — 28, Stats.: Supp. 1906), which provides : "A holder who derives his title through a holder in...course, and who is not himself a party to any fraud, duress or illegality affecting the instrument, has all the rights of such former holder in respect...
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