 Absence or failure of consideration is matter of defense as against any person not a holder in due course; and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise.  The Southwestern Reporter - 404 페이지1915전체보기 - 도서 정보
 | 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 - 1919 - 688 페이지
...question our statute, Comp. Laws 1907, section 1580, provides : ' ' Absence or failure of consideration is matter of defense as against any person not a holder...defense pro tanto whether the failure is an ascertained and liquidated amount or otherwise." Referring again to 1 Daniel, Neg. Insts., in section 193 the author... | |
 | 1922 - 1138 페이지
...our statj ] ute (section 1732, RC 1919; section 28 Un. | Neg. Inst. Act), which reads as follows: ' "Absence or failure of consideration is a matter of...defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise." That the plaintiff is "not a holder in due course" is clear. It... | |
 | 1910 - 450 페이지
...Section 28 of the Act of May 16, 1901, PL 194, declares that " absence or failure of consideration is matter of defense as against any person not a holder...defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise." It would, therefore, seem that the affidavits of defense were... | |
 | 1920 - 956 페이지
...the failure Is an ascertained and liquidated amount or otherwise." By statute such a failure Is made a matter of defense as against any person not a holder In due course, 'and the burden of proof thereof Is upon the defendant, who must set It up In his answer In case he wishes... | |
 | 1910 - 1132 페이지
...of Public General Laws 1904, art. 13, I 47) provides that absence or failure of consideration is a defense as against any person not a holder in due...partial failure of consideration is a defense pro tanto. [Ed. Note. — For other eases, see Corporations, Cent. Dig. § 1401 ; Dec. Dig. ! 316.*] Appeal from... | |
 | 1913 - 1134 페이지
...to have become a party thereto for value; and by section 28 absence or failure of consideration Is matter of defense as against any person not a' holder in due courte. Section 29 defines an accommodation party, and provides that such a person is liable on the... | |
 | Virginia - 1899 - 724 페이지
...§28. EFFECT OF WANT OF CONSIDERATION.— Absence or failure of consideration is matter of defence as against any person not a holder in due course, and partial failure of consideration is a defence pro tiinto, whether the failure is an ascertained and liquidated amount or otherwise. § 29.... | |
 | Maryland - 1898 - 700 페이지
...is deemed a holder for value to the extent of his lien. 47. Absence or failure of consideration is matter of defense as against any person not a holder...pro tanto, whether the fail.ure is an ascertained and liquidated amount or otherwise. 48. An accommodation party is one who has signed the instrument... | |
 | William John Tossell - 1918 - 744 페이지
...changed by the Negotiable Instruments act, Sec. 8133 GC : ' ' Absence or failure of consideration is matter of defense as against any person not a holder...defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise." This requires a construction of this section, and in doing so... | |
 | Florida - 1897 - 426 페이지
...indorsements. Special indorsement. Indorsement in blank. SEC. 28. Absence or failure of consideration is matter of defense as against any person not a holder...defense pro tanto whether the failure is an ascertained and liquidated amount or otherwise. SEC. 29. An accommodation party is one who has signed the instrument... | |
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