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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... "
Reports of Cases Determined in the Supreme Court of the Territory of Utah - Halaman 352
oleh Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, George L. Nye, James A. Williams, John Walcott Thompson, Joseph M. Tanner, Alonzo Blair Irvine, Harmel L. Pratt, August B. Edler, William S. Dalton, H. Arnold Rich - 1912
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 267

Illinois. Supreme Court - 1915 - 734 halaman
...invokes section 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 course, but when it is shown that the title of any person who has negotiated the instrument was defective,...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 35

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 - 1910 - 688 halaman
...1470.) To the same effect is our statute (section 1611, Comp. Laws 1907), which provides: "Every 3 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,...
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The Northwestern Reporter, Volume 117

1908 - 1282 halaman
...negotiable instruments act (Law? 1002. p. 87. c. 130. § 59 ; Code Supp. 1907, 8 3(lWa59) provides that 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...
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The Lancaster Law Review, Volume 31

1914 - 448 halaman
...the 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 course ; but when it is shown that the title of any person who has negotiated the instrument was defective,...
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The Pacific Reporter, Volume 113

1911 - 1164 halaman
...Leavltt against Ima Thurstou. Judgment for defendant, and plaintiff appeals. Reversed and remanded. John A. Sneddon, for appellant. JC Walters, for respondent....instrument before it is overdue, and who takes it in good fnith and for ealue, and at the time It is negotiated has no notice of any infirmity in the instrument...
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The Pacific Reporter, Volume 106

1910 - 1168 halaman
...conditions: * * * (3) That he took it In good faith and for value. • • * " Page 300. "Sec. 59. Every holder Is deemed prima facie to be a holder In due course. * • • " Page 351. AVhen we consider that It was the object of the negotiable instruments act to...
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The Northeastern Reporter, Volume 126

1920 - 960 halaman
...that effect. Section 90S9zl, Burns' RS 1914, defines a holder in due course. Section 90S9g2 provides that 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,...
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The Atlantic Reporter, Volume 77

1911 - 1164 halaman
...accommodation note, would not constitute a defense against a holder in due course, and section 78 declares that "every holder is deemed prima facie to be a holder in due course." Section 71 defines a holder in due course: (1) The Instrument must be complete and regular on its face....
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Atlantic Reporter, Volume 93

1915 - 1118 halaman
...plaintiff obtained the note before maturity and in due course of business. General Statutes, 4229, provide that: "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,...
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The Southwestern Reporter, Volume 97

1907 - 1278 halaman
...collateral security, knew of the infirmity of the paper follows section 59 of the act which provides that every holder Is deemed prima facie to be a holder in due course. Although Usher took the note as collateral security for an antecedent debt he was, under section 25....
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