 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
 | 1920 - 1790 páginas
...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 he, or some person under whom he claims, acquired the title as a holder in due course, and where the bank... | |
 | 1923 - 924 páginas
...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...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." Inasmuch as it is alleged... | |
 | 1927 - 604 páginas
...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 páginas
...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 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. But the last-mentioned... | |
 | Alabama. Court of Appeals, Lawrence H. Lee - 1914 - 778 páginas
...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 in due...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 páginas
...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 páginas
...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 páginas
...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, arises only in favor of a person who is a holder in the sense denned in section 191 of the same Law,... | |
 | Idaho. Supreme Court - 1911 - 912 páginas
...was a bona fide holder of the note in due course. Sec. 3516, Rev. Codes, provides 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 a holder in due course. But the last-mentioned... | |
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