...§ 3450 provides, when it is shown that the title of the person who has negotiated the instrument is defective, the burden is on the holder to prove that...person under whom he claims, acquired the title as holder in due course ; and although under § 3446 the title of the transportation company to this instrument...

...Dec. Dig. (Key A'o.) §§ 207-210, 272; Cent. Dig. §§ 768-812. or negotiation of the instrument, the burden is on the holder to prove that he or some person under whom he claims was a holder in due course. In the case of a bank note, however, it has been held that the burden does...

...title of the original payee, Reed, was defective when he negotiated the notes. Section 59 provides : " Every holder is deemed prima facie to be a holder...holder to prove that he or some person under whom claims acquired the title as holder in due • course. But the last-mentioned rule does not apply in...

...plaintiff's assignor for value, and the latter having transferred the same to the plaintiff, the latter is a holder in due course. Every holder is deemed prima...claims acquired the title as a holder in due course. (Neg. Inst. Law, § 98.) In the case now before us, by the admissions of the pleadings, the plaintiffs...

...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 —...

...instruments Act. (Supplementing annotation in 18 ALR 25.) The Negotiable Instruments Act provides in 1 59: "Every holder is deemed prima facie to be a holder...person under whom he claims acquired the title as holder in due course. But the last-mentioned rule does not apply in favor of a party who became bound...

...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,...

...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...

...instrument, has all the rights of such former holder in respect of all parties prior to the latter. SEC. 59. Every holder is deemed prima facie to be a holder...person under whom he claims acquired the title as holder in due course. But the last-mentioned rule does not apply in favor of a party who became bound...

...generally throughout the states as a rule of commercial law. The section mentioned (5014) provides: "Every holder is deemed prima facie to be a holder...title of any person who has negotiated the instrument is defective, the burden is on the holder to [German,American National Bank v. Lewis.] prove that he...