 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...  The Pacific Reporter - 306 페이지1918전체보기 - 도서 정보
 | 1923 - 894 페이지
...court. (3) Not necessary to allege that the plaintiff was a holder in due course, since under the NIL every holder is deemed prima facie to be a holder in due course. Affirmed. (GRIDLEY, PJ) Massachusetts Trusts—Where an Association Is Created in Which the Trustees... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1914 - 788 페이지
...L.RA.(NS) 473, 129 NW 455. When it is shown that the title of a person who has negotiated the note is defective, the burden is on the holder to prove that he or some other person under whom he claims had title as a holder in due course. Rev. Codes 1905, Sec. 6361;... | |
 | 1920 - 1790 페이지
...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...or some person under whom he claims, acquired the title as a holder in due course, and where the bank purchases a negotiable note and deposits the money... | |
 | 1923 - 924 페이지
...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...he or some 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... | |
 | 1927 - 604 페이지
...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... | |
 | Pennsylvania Bar Association - 1899 - 410 페이지
...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...he or some 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... | |
 | Alabama. Court of Appeals, Lawrence H. Lee - 1914 - 778 페이지
...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... | |
 | Pennsylvania Bar Association - 1927 - 584 페이지
...certificate for value and without notice shall have absolute title thereto. The Act further provides that when it is shown that the title of any person who has negotiated such an instrument was defective, the burden is on the holder to prove that he is the holder for value... | |
 | Pennsylvania. Courts - 1926 - 916 페이지
...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... | |
 | Philippines. Supreme Court - 1924 - 1112 페이지
...from the presumption, expressed in section 59 of the Negotiable Instruments Law, to the effect that every holder is deemed prima facie to be a holder in due course. The presumption expressed in that section arises only in favor of a person who is a holder in the sense... | |
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