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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 ... - Page 129
by James Smith McMaster - 1906
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 267

Illinois. Supreme Court - Law reports, digests, etc - 1915
...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...holder to prove that he, or some person under whom he claims, acquired the title as a holder in due course; and section 52 of that act, which defines...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 34

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 - Law reports, digests, etc - 1909
...1907, "a holder in due course" is defined. Section 1611 provides that "Every holder is deemed prime facie to be a holder in due course; but, when it is...holder to prove that he or some person under whom, he claims acquired the title in due course." By section 1607 it is provided that "The title of a person...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 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 - Law reports, digests, etc - 1910
...3. BILLS AND NOTES. Under Comp. Laws 1907, section 1611, providing that every holder Is deemed prime facie to be a holder In due course, but, when it is shown that the title of any person who negotiated the instrument was defective, the burden is on the holder to prove that he -or some one...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 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 - Law reports, digests, etc - 1912
...favor of the defendant. The plaintiff appeals. The court, among other things, charged the jury that every holder is deemed prima facie to be a holder in due course; that by "holder in due course" is meant one who becomes a holder of the instrument before it is overdue,...
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The Northwestern Reporter, Volume 117

Law reports, digests, etc - 1908
...instruments act by which it is provided in section 59 (Code Supp. 1907, ЗОбОаЗО), as follows: "Every holder is deemed prima facie to be a holder...the burden is on the holder to prove that he or some pei-son under whom he claims acquired the title as a holder in due course. But the last mentioned rule...
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Report of the ... Annual Meeting of the American Bar ..., Volume 28, Part 1905

American Bar Association - Law - 1905
...only without consideration, but by a fraud on the makers of the note. Under s. 59 (Crawf., s. 98), when it is shown that the title of any person who has negotiated an instrument is defective, the burden is on the holder to prove that he or some person under whom...
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The Northwestern Reporter, Volume 186

Law reports, digests, etc - 1922
...indorsee of a bill or note, who is in possession of it, or the bearer thereof." Section 5377 says: "Every holder is deemed prima facie to be a holder in due course." Even a payee who gets the note direct from the maker is a prima facie holder In due course. Of course,...
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The Federal Reporter, Volume 136

Law reports, digests, etc - 1905
...the full amount thereof against all parties liable thereon." "Sec. 76. Every holder is deemed prlma facie to be a holder in due course; but when it is shown that the title of any person who was negotiated the instrument was defective the burden is on the holder to prove that he or some other...
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The Lancaster Law Review, Volume 31

Henry Clay Brubaker, Charles Israel Landis, George Ross Eshleman, Issac Clinton Arnold - Law - 1914
...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...holder to prove that he or some person under whom he claims acquired the title as holder in due course." Section 55 declares that " the title of a person...
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The Pacific Reporter, Volume 114

Law reports, digests, etc - 1911
...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...holder to prove that he or some person under whom he claims acquired the title as holder in due course. * * * " Our inquiry, therefore, is whether the...
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