...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...

...in blank by such specified person, shall be deemed prima facie to have title thereto as aforesaid ; but when it is shown that the title of any person who has negotiated such instrument is defective, the burden is on the holder to prove that he or some person under whom...

...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...

...in suit, then, as provided in section 59 of the Negotiable Instruments Act of May 16, 1901, PL 194, "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 holder in due course:" Second National Bank v. Hoffman, 229 Pa. 429; United...

...Negotiable Instruments Law (Act No. 2031), it is declared that every holder of a negotiable instrument is deemed prima facie to be a holder in due course,...person under whom he claims acquired the title as holder in due course. In section 55 of the same Law it is declared, among other things, that the title...