| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| |