 | James Webster Eaton, Frank Bixby Gilbert - 1903 - 872 페이지
...course; burden of proof. a. Statutory provision.— The Negotiable Instruments Law provides that: " Every holder is deemed prima facie to be a holder...holder to prove that he or some person under whom he •60 NW 79; Matson v. Alley, 102, 36 Am. Dec. 738; Smith v. His141 11l. 284, 31 NE 419; Howell cock,... | |
 | Idaho. Supreme Court - 1917 - 932 페이지
...IN DUE COUBSE — BURDEN OP PROOF. 1. Every holder of a negotiable instrument is deemed prima faeie to be a holder in due course, but when it is shown...title of any person who has negotiated the instrument is defective, the burden is on the holder to prove that he acquired title as a holder in due course,... | |
 | International Correspondence Schools - 1903 - 646 페이지
...E, can sue all the parties to the bill; if he did not give value, he can sue all parties except E." Every holder is deemed prima facie to be a holder in due course; but if, in an action on an instrument, it be admitted or proved that the acceptance, issue, or subsequent... | |
 | Maryland - 1904 - 1280 페이지
...holder in respect of all parties prior to the latter. Black v. Bank of Westminster, 96 Md. 416. 78. Every holder is deemed prima facie to be a holder...some person under whom he claims, acquired the title as a holder in due course. But the last mentioned rule does not apply in favor of a party who became... | |
 | Charles Monfort Lindsay - 1904 - 204 페이지
...Course; Burden of Proof. — Every holder is deemed primes facie to be a holder in due course (a) ; but when it is shown that the title of any person...some person under whom he claims acquired the title as a holder in due course (6). But the lastmentioned rule does not apply in favor of a party who became... | |
 | Kentucky - 1904 - 378 페이지
...the latter. Holder presumed § 59. Every holder is deemed prim a facie to be a 5nay s be^Sow"'^ be holder in due course; but when it is shown that the...defective, the burden is on the holder to prove that ne or some person under whom he claims acquired the title as a holder in due course. Hut the last mentioned... | |
 | Kentucky - 1904 - 384 페이지
...presume § 59 Every holder is deemed prima facie to be a to hold in duo •• ' ™Tbe AO^O beh°1(Jer in due course; but when it is shown that the title...who has negotiated the instrument was defective, the bnrden is on the holder to prove that He or sonic person under whom he claims acquired the title as... | |
 | Commissioners on Uniform State Laws (U.S.). Conference - 1908 - 178 페이지
...that the plaintiff was a holder in due course, but if it were shown that the title in the person who negotiated the instrument was defective, the burden is on the holder to prove that some person under whom he claims, acquired title as holder in due course, was not misleading. Hopkins... | |
 | American Bar Association - 1904 - 980 페이지
...instrument, has all the rights of such former holder in respect to all parties prior to the latter, and every holder is deemed prima facie to be a holder in due course until the contrary is shown. Simpson vs. Hefter, 87 NY Supp. 243 (Jan., 1904). Where a note was made... | |
 | Commissioners on Uniform State Laws (U.S.). Conference - 1907 - 152 페이지
...signature appears on a negotiable note is presumed to have become a party thereto for value. Under § 98, every holder is deemed prima facie to be a holder in due course, etc. Under § 75, it is provided that, unless an endorsement bears date after maturity of the instrument,... | |
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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... 
