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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... "
Public Documents - Página 92
de West Virginia - 1917
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 267

Illinois. Supreme Court - 1915 - 734 páginas
...read in connection with all the other sections in that article, that it means to place the burden upon the holder to prove that he, or some person under whom he claims, comes within the provision of the fourth clause of the statutory definition of a holder in due course,...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 38

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
...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...claims acquired the title as a holder in due course," etc. Under such a statute it is very clear that, when it ,' was shown that the title of the company...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 34

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
...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 the title in due course." By section 1607 it is provided that "The title of a person who negotiates an instrument...
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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 páginas
...course." When the plaintiff proved that the check was stolen from him, the burden shifted to the defendant to prove that he, or some person under whom he claims, acquired title as a holder in due course. Xo such evidence was offered, and no such proof was made. Furthermore...
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The Northwestern Reporter, Volume 117

1908 - 1282 páginas
...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...acquired the title as a holder in due course, but that such rule does not apply in favor of я party who became bound on the instrument prior to the...
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Report of the ... Annual Meeting of the American Bar ..., Volume 28,Parte 1905

American Bar Association - 1905 - 980 páginas
...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...claims acquired the title as a holder in due course. This case affirms what was the law in Iowa before the adoption of the Negotiable Instruments Law. Brown...
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The Federal Reporter, Volume 136

1905 - 1120 páginas
...burden is on the holder to prove that he or some other person under whom he claims acquired the title as holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior to the acquisition of such defective title." (4) On...
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The Lancaster Law Review, Volume 31

1914 - 448 páginas
...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 the title as holder in due course." Section 55 declares that " the title of a person who negotiates an instrument...
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The Pacific Reporter, Volume 113

1911 - 1164 páginas
...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...claims acquired the title as a holder in due course," etc. Under such a statute It is very clear that, when it was shown that the title of the company which...
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The Pacific Reporter, Volume 193

1921 - 1150 páginas
...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 the title as a bolder in due course; and, when the holder thereafter establishes that he received tue note for value...
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