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" In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any... "
Annual Report of the American Bar Association: Including Proceedings of the ... - Page 1035
by American Bar Association - 1908
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Cases Determined in the Supreme Court of Washington, Volume 69

Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - Law reports, digests, etc - 1912 - 842 pages
...knowledge of such facts, that his action in taking the instrument amounted to bad faith." Id., §3447. "In the hands of any holder other than a holder in...course, a negotiable instrument is subject to the same defense as if it were non-negotiable. But a holder who derives his title through a holder in due course,...
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Annual Reports of the Secretary of War, Volume 4

United States. War Department - 1912 - 810 pages
...thereon. SEC. 58. WHEN SUBJECT TO ORIGINAL DEFENSES. — In the hands of any holder other than a holder hi due course, a negotiable instrument is subject to the same defenses as if it were nonnegotiable. But a holder who derives his title through a holder in due course, and who is not himself...
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Commentaries on the Law of Contracts: Being a Consideration of the ..., Volume 4

William Frederick Elliott - Contracts - 1913 - 1180 pages
...enforce payment of the instrument for the full amount thereof against all parties liable thereon."14 "In the hands of any holder other than a holder in...instrument is subject to the same defenses as if it were nonnegotiable. But a holder who derives his title through a holder in due course, and who is not himself...
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Session Laws

South Dakota - Session laws - 1913 - 796 pages
...enforce payment of the instrument for the full amount thereof against all partles liable thereon. § 58. In the hands of any holder other than a holder in...instrument is subject to the same defenses as if it were non-negotiable. § 59. Every holder is deemed prim a facie to be a holder in due course; but when it...
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Laws Passed at the 1st- Session of the Legislature of the State of South ...

South Dakota - Law - 1913 - 804 pages
...payment of the in\strument for the full amount thereof against all parties liable thereon. \ § 58. In the hands of any holder other than a holder in...instrument is subject to the same defenses as if it were non-negotiable. § 59. Every holder is deemed prima facie to be a holder in due course; but when it...
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McMaster's Commercial Decisions Affecting the Banker and Merchant ..., Volume 12

James Smith McMaster - 1909 - 824 pages
...Negotiable Instruments Law (Sanborn's St. Supp. 1906, § 1676-28), providing that in the hands of a holder other than a holder in due course a negotiable...instrument is subject to the same defenses as if it were non-negotiable, applies to an accommodation note transferred after maturity. 4. Under Negotiable Instruments...
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Acts and Joint Resolutions of the General Assembly of the State of South ...

South Carolina - Law - 1914 - 734 pages
...enforce payment of the instrument for the full amount thereof against all parties liable thereon. § 58. In the hands of any holder other than a holder in...instrument is subject to the same defenses as if it were nonnegotiable. But a holder who derives his title through a holder in due course, and who is not himself...
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Bouvier's Law Dictionary and Concise Encyclopedia, Volume 1

John Bouvier, Francis Rawle - Law - 1914 - 1210 pages
...defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith. In the hands of any holder other than a holder in...Instrument is subject to the same defenses as if It were non-negotiable; but a holder whi> derives his title through a holder in due course and is not himself...
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Handbook of the Law of Bills and Notes

Charles Phelps Norton, William Underhill Moore, Harold McLean Wilkie - Negotiable instruments - 1914 - 800 pages
...payment of the instrument for the full amount thereof against all parties liable thereon.8 Sec. 58. In the hands of any holder other than a holder in...course, a negotiable instrument is subject to the same defences as if it were non-negotiable. But a holder who derives his title through a holder in due course,...
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The Encyclopedic Digest of Alabama Reports: Being a Complete ..., Volume 13

Thomas Johnson Michie - Law reports, digests, etc - 1919 - 1200 pages
...without notice of any infirmity, and § 501.1, declaring that in the hands of any holder who is not a holder in due course a negotiable instrument is subject to the same defenses as if nonnegotiable, and § 5138, defining a "holder" to mean a payee of a note in possession thereof, and...
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