 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 New York Supplement - Side 7721918Uten tilgangsbegrensning - Om denne boken
 | John James MacLaren - 1909 - 658 sider
...facie to be a holder In due course ; but when it is ment was defective, the burden is on the bolder to prove that he or some person under whom he claims acquired the title as a holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior... | |
 | 1909 - 1148 sider
...prima facie to be a holder la due course, and that, when it is shown that the title of the negotiator was defective, the burden is on the holder to prove that he or some person under whom he claimed has acquired title as a holder in due course. Held, in an action by an indorsee of a note before... | |
 | New York (State) - 1909 - 926 sider
...ch. 612, § 97. § 98. Who deemed holder in due course. 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 »egotiated the instrument was defective, the burden is on the holder to prove that he or some person... | |
 | Abraham Clark Freeman - 1910 - 1362 sider
...section 59 (Code Supp. 1907, sec. 3060a59), as follows: "Every holder is deemed prima facie to be a holder in due course; but when.- it is shown that...claims acquired the title as a holder in due course. But the last-mentioned rule does not apply in favor of a party who became bound on the instrument prior... | |
 | 1910 - 1384 sider
...negotiable instrument act. Section 59 (Russell's 6t I 1928), provides: "Every holder Is deemed prima facie a holder in due course; but when it Is shown that the...whom he claims, acquired the title as a holder in flue course." The bank here obtained the title to the paper from the Boice & Grogan Lumber Company,... | |
 | 1922 - 1658 sider
...shown that the title Headnotes by SHARP, J. 18 ALR— 1. of any person who has negotiated a negotiable instrument was defective, the burden is on the holder...claims acquired the title as a holder in due course, except as otherwise provided in § 4109, Rev. Laws 1910. [See 3 RCL 1033, 1038 et seq.} Appeal —... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1914 - 788 sider
...L.RA.(NS) 473, 129 NW 455. When it is shown that the title of a person who has negotiated the note is defective, the burden is on the holder to prove that he or some other person under whom he claims had title as a holder in due course. Rev. Codes 1905, Sec. 6361;... | |
 | 1920 - 1784 sider
...Evidence — burden of proof — consideration. 6. And under § 4109, Rev. Laws 1910, when the title is defective, the burden is on the holder to prove that...claims, acquired the title as a holder in due course, and where the bank purchases a negotiable note and deposits the money to the credit of the seller,... | |
 | 1923 - 924 sider
...instrument under such circumstances as amount to fraud, and section 3140 of the same code provides that "when it is shown that the title of any person who...person under whom he claims acquired the title as holder in due course." Inasmuch as it is alleged in the complaint that the title of the defendant Guarantee... | |
 | 1927 - 604 sider
...in blank by such specified person, shall be deemed prima facie to have title thereto as aforesaid ; but when it is shown that the title of any person who has negotiated such instrument is defective, the burden is on the holder to prove that he or some person under whom... | |
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