To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action... The Federal Reporter - Page 2371925Full view - About this book
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1915 - 808 pages
...the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts...action in taking the instrument amounted to bad faith." We find nothing in the record, either as to the time when the purchase was made by the plaintiff, or... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1909 - 1058 pages
...the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts,...action in taking the instrument amounted to bad faith." It has further been held with us (Evans v. Freeman, 142 NC, 61) that the form of the endorsement, "without... | |
| Law - 1920 - 516 pages
...as defenses of which he had notice are concerned. By notice is intended either — "actual knowledge of the infirmity or defect, or knowledge of such facts...action In taking the instrument amounted to bad faith." Laws 1909, c. 123, § 66. It can be found that one who knew of facts that would have put the ordinary... | |
| Law - 1918 - 502 pages
...rule at common law is strongly enforced in Negotiable Instruments Law. There must be "actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounts to bad faith." "Mere ground of suspicion as to possible defects in the title of the negotiator,... | |
| American Bar Association - Law - 1906 - 474 pages
...the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts...action in taking the instrument amounted to bad faith. Where certificates of deposit payable to C., " trustee " and " trustee of BF," were wrongfully indorsed... | |
| Law reports, digests, etc - 1925 - 1112 pages
...plaintiff was not the owner of the bills because another corporation inter alia controlled by mitting that he had knowledge, and the other is that the circumstances...the statute. The proposition is, as applied to the case at bar, that even if the plaintiff had no actual knowledge of the alleged diversion of the instruments... | |
| Law reports, digests, etc - 1905 - 1120 pages
...the person negotiating the same the person to whom It is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts...action in taking the instrument amounted to bad faith. "Sec. 74. A holder in due course holds the instrument free from any defect of title or prior parties,... | |
| Law reports, digests, etc - 1918 - 1210 pages
...negotiating the same, the person to whom it is negotiated must have had actual knowledge of the iulirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith." See 3 RCL p. 1066, § 271. Section 5890 defines the rights of a holder in due course thus: "A holder... | |
| Law reports, digests, etc - 1911 - 1170 pages
...requirements of the statute. There is nothing in the case to show that appellant had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instruments amounted to bad faith. On the contrary, his evidence, which is unimpeached by that of any... | |
| Law reports, digests, etc - 1917 - 1228 pages
...on from the defendant fraudulently and without consideration." It entirely omitted any reference to "knowledge of such facts that his action in taking the instrument amounted to bad faith." Gen. Stat. 1015, § 6583. See Leavens v. Hoover, 93 Kan. 661, 667, 145 Рас. 877. We find no error... | |
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