 | John Augustus Barron - Bills of exchange - 1890 - 152 pages
...vaiia But if the bill is in the hands of a holder in due course, a presumed, valid delivery of the bill by all parties prior to him, so as to make them liable to him, is conclusively presumed : 8. Where a bill is no longer in the possession of a party who has signed it as drawer, acceptor or... | |
 | Henry Roscoe, Maurice Powell - Evidence (Law) - 1891 - 924 pages
...be in the hands of a holder in due course " (vide sect. 29, infra), " a valid delivery of the bill by all parties prior to him so as to make them liable to him is conclusively presumed. " (b.) may be shown to have been conditional or for a special purpose only, and not for the purpose... | |
 | John Barnard Byles - Bills of exchange - 1891 - 674 pages
...in the bill. But if the bill be in the hands of a holder in due course a valid delivery of the bill by all parties prior to him so as to make them liable to him is conclusively presumed. (3) Where a bill is no longer in the possession of a party who has signed it as drawer, acceptor, or... | |
 | Great Britain - Bills of exchange - 1892 - 98 pages
...in the bill. But if the bill be in the hands of a holder in due course a valid delivery of the bill by all parties prior to him so as to make them liable to him is conclusively presumed. (3.) Where a bill is no longer in the possession of a party who has signed it as [ ] drawer, acceptor,... | |
 | New York (State). Courts, Francis Blaine Delehanty, Austin B. Griffin, Edward Jordan Dimock, Robert George Scherer, Joseph Albert Lawson, William Van Rensselaer Erving, Louis J. Rezzemini, Charles Cook Lester - Law reports, digests, etc - 1917 - 812 pages
...where a negotiable instrument is in the hands of a " holder in due course " a valid delivery thereof by all parties prior to him, so as to make them liable to him, is conclusively presumed. The real question in this case is, therefore, whether the plaintiff is ' ' a holder in due course '... | |
 | Barbados - Session laws - 1893 - 462 pages
...in the bill. But if the bill be in the hands of a holder in due course a valid delivery of the bill by all parties prior to him so as to make them liable to him is conclusively presumed. (3.) Where a bill is no longer in the possession of a party who has signed it aa a drawer, acceptor,... | |
 | Melville Madison Bigelow - Negotiable instruments - 1893 - 360 pages
...in the bill. But if the bill be in the hands of a holder in due course, a valid delivery of the bill by all parties prior to him so as to make them liable to him is conclusively presumed. (3) Where a bill is no longer in the possession of a party who has signed it as drawer, acceptor, or... | |
 | Institute of Bankers (Great Britain) - Banks and banking - 1895 - 782 pages
...the bill. " But if the bill be in the hands of a holder in due course a " valid delivery of the bill by all parties prior to him, so as to make "them liable to him, is conclmicely presumed. (8) "When a bill is no longer in the possession of a party who " has signed it... | |
 | William John Tossell - Law reports, digests, etc - 1911 - 774 pages
...instrument. But where the instrument is in the hand* of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable...by him is presumed until the contrary is proved." Under the section the burden, of course, with the notes and the mortgage found in the hands of the... | |
 | William John Tossell - Law reports, digests, etc - 1905 - 892 pages
...Griswold v. Davis, 31 Vt. 390. Also see last sentence of Sec. 3171o of the new negotiable instrument code: "And where the instrument is no longer in the possession...by him is presumed until the contrary is proved," which, as a statute, has no application to this case but is a statement of the common law incorporated... | |
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But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed. 
