 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...  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Página 460por Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, George L. Nye, Joseph M. Tanner, John Walcott Thompson, Alonzo Blair Irvine, August B. Edler, William S. Dalton, H. Arnold Rich, Harmel L. Pratt - 1910Visualização integral - Acerca deste livro
 | Illinois. Supreme Court - 1915 - 734 páginas
...59 of the Negotiable Instrument act of 1907, (Hurd's Stat. 1913, p. 1682,) which provides that every holder is deemed prima facie to be a holder in due...defective, the burden is on the holder to prove that he, or some person under whom he claims, acquired the title as a holder in due course; and section 52 of that... | |
 | 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 - 1909 - 588 páginas
...1907, "a holder in due course" is defined. Section 1611 provides that "Every holder is deemed prime facie to be a holder in due course; but, when it is...defective, the burden is on the holder to prove that he or some person under whom, he claims acquired the title in due course." By section 1607 it is provided... | |
 | 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 - 1912 - 666 páginas
...of the defendant. The plaintiff appeals. The court, among other things, charged the jury that every holder is deemed prima facie to be a holder in due course; that by "holder in due course" is meant one who becomes a holder of the instrument before it is overdue,... | |
 | 1908 - 1282 páginas
...every holder is deemed prima facie to be a holder in duo course ; but. when it is shown that the tille 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 title as a holder in due course, but that such rule does... | |
 | American Bar Association - 1905 - 980 páginas
...only without consideration, but by a fraud on the makers of the note. Under s. 59 (Crawf., s. 98), when it is shown that the title of any person who has negotiated an instrument is defective, the burden is on the holder to prove that he or some person under whom... | |
 | 1922 - 1138 páginas
...indorsee of a bill or note, who is in possession of it, or the bearer thereof." Section 5377 says: "Every holder is deemed prima facie to be a holder in due course." Even a payee who gets the note direct from the maker is a prima facie holder In due course. Of course,... | |
 | 1905 - 1120 páginas
...the full amount thereof against all parties liable thereon." "Sec. 76. Every holder is deemed prlma facie to be a holder in due course; but when it is shown that the title of any person who was negotiated the instrument was defective the burden is on the holder to prove that he or some other... | |
 | 1914 - 448 páginas
...plaintiff. The 59th section of the Negotiable Instruments Act of May 16, 1901, PL 194, provides that " every holder is deemed, prima facie, to be a holder in due...defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course." Section 55 declares that... | |
 | 1911 - 1168 páginas
...instrument or defect in the title of the person negotiating It." Section 3450 reads as follows: "Every holder is deemed prima facie to be a holder in due...defective, the burden Is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course. * * * " Our inquiry, therefore,... | |
 | 1918 - 1210 páginas
...means" — and also: "If it has been shown by the evidence in this case that the title of the person who negotiated the instrument was defective, the burden is on the holder to prove that he acquired the title as a holder in due course." The court also instructed the Jury as to what constituted... | |
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