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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 460
oleh 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 - 1910
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 29

Idaho. Supreme Court - 1917 - 932 halaman
...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,...
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Principles of Law: Commercial Paper; Banks and Banking; Partnership ...

International Correspondence Schools - 1903 - 646 halaman
...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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 22

Idaho. Supreme Court - 1913 - 930 halaman
...18, 112 Pac. 525, Ann. Cas. 1912C, 302; Shellenlcrger v. Nourse, 20 Ida. 323, 118 Pac. 508), whenever it is shown that the title of any person who has negotiated an instrument was defective, the burden is immediately transferred upon the holder to show that he,...
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The Maryland Code, Public General Laws, Codified, Volume 1

Maryland - 1904 - 1280 halaman
...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 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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The Business Law of Wisconsin: With a Collection of Practical Forms for the ...

Edward Voigt, Charles Voigt - 1904 - 836 halaman
...re-purchases it from him or a subsequent holder, he is not protected. Burden of proof as to title.— 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 in due course. But the last mentioned rule does...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1904 - 378 halaman
...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...
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The Negotiable Instruments Law of Kentucky

Charles Monfort Lindsay - 1904 - 204 halaman
...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...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 (6). But the lastmentioned...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed

Kentucky - 1904 - 384 halaman
...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...
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Proceedings of the ... Annual Conference of Commissioners on ..., Volume 18

Commissioners on Uniform State Laws (U.S.). Conference - 1908 - 178 halaman
...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...
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Proceedings of the ... Annual Conference of Commissioners on ..., Volume 14

Commissioners on Uniform State Laws (U.S.). Conference - 1904 - 212 halaman
...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...
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