 If the holder receives it after it is due, its nonpayment at maturity is notice to him of dishonor, and he takes it subject to all the equities existing between the original parties...  The Southeastern Reporter - Side 61888Uten tilgangsbegrensning - Om denne boken
 | 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 - 1902 - 794 sider
...aside a judgment. Mendell v. Kimball, 85 Ill. 582, 6 Enc. Pl. & Pr. 158. The assignee of a' judgment takes it subject to all the equities existing between the original parties whether he had notice of the same or not. Kimball v. Cummings (Ky.) 2 Metc. 327; Blakesley v. Johnson,... | |
 | 1905 - 1048 sider
...section 278B of the Code of Georgia provides as follows: "If the holder receives it after it is due, its nonpayment at maturity is notice to him of dishonor,...transaction, but due at different times, the fact that the one is overdue and unpaid shall be notice to the purchaser of all, and put him on his guard." And... | |
 | Joseph Asbury Joyce - 1907 - 1244 sider
...is not such an excessive rate of discount as to warrant the inference of bad faith.5 3 If there are several notes constituting one transaction but due...the purchaser of all to put him on his guard as to each.5 4 Where certain notes have serial numbers on their face and the cashier of a bank knew that... | |
 | John Jay McKelvey - 1907 - 626 sider
...and others of a similar character. * * * It Is Insisted, however, that the indorsee of a note overdue takes It subject to all the equities existing between the original parties at the time of the indorsement, and that, if the admissions made by a prior holder are excluded, then... | |
 | Walter Henry Hull - 1907 - 628 sider
...merely as collateral security for a pre-existing debt, no new consideration being given for it, the bank takes it subject to all the equities existing between the original parties. But a Missouri bank which accepts a negotiable note before maturity in payment of, as distinguished... | |
 | Texas. Court of Civil Appeals - 1909 - 760 sider
...164 Pa. St., 224; 30 AtL Bep., 355; 16 Cyc,, 1118-1119, and cases cited. The assignee of a judgment takes it subject to all the equities existing between the original parties, whether he had notice of the same or not. Where a judgment once paid or otherwise discharged, but not... | |
 | William Frederick Elliott - 1913 - 1180 sider
...investigation.11 As a rule such holder must have acquired the instrument before maturity ; otherwise he takes it subject to all the equities existing between the original parties at the time of its transfer.12 The following provisions of the Negotiable Instruments Law con* Smith... | |
 | 1907 - 1848 sider
...such bona fide and for value. If the holder of the negotiable instrument receives it after due, its non-payment at maturity is notice to him of dishonor,...the equities existing between the original parties. If there be several notes constituting one transaction, the fact that one is overdue and unpaid shall... | |
 | William Herbert Page - 1914 - 1166 sider
...the plaintiffs claim. It was held that the plaintiffs hold an equitable title only to the note, and subject to all the equities existing between the original parties thereto and since by the terms of his contract TM assumed the obligations of an indorser only, and the note never... | |
 | Edgar Noble Durfee - 1915 - 554 sider
...below applied to this case the familiar rule that the purchaser of a non-negotiable chose in action takes it subject to all the equities existing between the original parties thereto, not only, but to all the latent equities of third persons. The general rule of law, as thus stated,... | |
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