 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 ia on the holder to prove that he or some person under whom he claims, acquired...  The Lancaster Law Review - Page 2131914Full view - About this book
 | Law reports, digests, etc - 1910 - 1386 pages
...Act, 5 59 (Ky. St. § 3720b [Russell's St f 192ST». providing that every holder is deem*a prima facie a holder in due course, but, when it is shown that the title of any person »ho has negotiated the instrument was defectire, the burden is on the holder to prove that be or some... | |
 | Law reports, digests, etc - 1907 - 1278 pages
...note as collateral security, knew of the infirmity of the paper follows section 59 of the act which provides that every holder Is deemed prima facie to be a holder in due course. Although Usher took the note as collateral security for an antecedent debt he was, under section 25.... | |
 | Law reports, digests, etc - 1910 - 1384 pages
...Under Negotiable Instruments Act (Lews 1905, p. 250 [Ann. St. 1906, § 403—59]) § 59. providing that when it is shown that the title of any person who has negotiated an instrument was defective, the burden is on the holder to prove that he or some person under whom... | |
 | Maryland - Law - 1898 - 700 pages
...instrument, has all the rights of such former holder in respect of all parties prior to the latter. 78. Every holder is deemed prima facie to be a holder...negotiated the instrument was defective, the burden ia on the holder to prove that he or some person under whom he claims, acquired the title as a holder... | |
 | Law reports, digests, etc - 1917 - 1154 pages
...been granted. Section 98 of the Negotiable Instruments Law (Consol. Laws, c. 38), provides : " * * * When it is shown that the title of any person who...defective, the burden is on the holder to prove that he * * * acquired the title as a holder in due course." Defendant having shown that this note was negotiated... | |
 | Law - 1912 - 440 pages
...maturity; but this is not now an essential averment of pleading, because the 5gth section of the act of 1901, PL 194, provides that "every holder is deemed, prima facie, to be a holder in due course." The same section further provides that "when it is shown that the title of any person who has negotiated... | |
 | Law reports, digests, etc - 1914 - 1290 pages
...EXCLUSION OF EVIDENCE. Under Negotiable Instruments Law (Consol. Laws 1909, c. 38), 8 98, providing that, when it is shown that the title of any person who has negotiated an instrument was defective, the burden is on the holder to prove that he is a holder In due course,... | |
 | William John Tossell - Law reports, digests, etc - 1912 - 940 pages
...rights of such former holder in respect of all parties prior to the latter. "RS 3173d (Gen. Code 8164). Every holder is deemed •prima facie to be a holder in due course;" * * * "RS 3178e (Gen. Code 8300). In any case not provided for in this chapter, the rules of law merchant... | |
 | William John Tossell - Law reports, digests, etc - 1912 - 832 pages
...contrary to the rule originally enunciated in the pase of Davis v. Rartlett, supra, I will read it. "Every holder is deemed prima facie to be a holder...who has negotiated the instrument was defective," and we have already had the definition that if a note is obtained by fraud the title is defective,... | |
 | United States - Law - 1901 - 934 pages
...to the latter. SEC. 1363. WHAT PRESUMPTION WHEN TRANSFEREE'S TITLE SHOWN Who deemed DEFECTIVE. — Every holder is deemed prima facie to be a holder in due holder in due course; but when it is shown that the title of any person who has coursenegotiated the... | |
| |
