The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or... Revisal of 1905 of North Carolina: Prepared Under Chapter Three Hundred and ... - Page 664by North Carolina, Thomas Brown Womack, Needham Y. Gulley, William R. Rodman - 1905Full 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 - 1916 - 806 pages
...defendant and Cameron Currie & Co. Section 57 of the negotiable instruments law provides as follows: "The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear,... | |
| 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 - Law reports, digests, etc - 1909 - 588 pages
...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 is defective within the meaning of this title when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear,... | |
| Law reports, digests, etc - 1922 - 1138 pages
...the first requisite of every valid contract. Section 5373 of the Negotiable Instruments Law provides: "The title of a person who negotiates an instrument...or under such circumstances as amount to a fraud." [2] It would seem, therefore, from what has been said, that it was a question of fact for the Jury... | |
| American Bar Association - Law - 1887 - 460 pages
...bill is defective within the meaning of this act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful...or under such circumstances as amount to a fraud. (3) A holder (whether for value or not) who derives his title to a bill through a holder in due course,... | |
| Sir Mackenzie Dalzell Edwin Stewart Chalmers - Bills of exchange - 1882 - 126 pages
...bill is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful...or under such circumstances as amount to a fraud. The expression " force and fear " is the Scotch equivalent of the English term " duress." (3.) A holder... | |
| Great Britain - 1882 - 574 pages
...bill is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful...or under such circumstances as amount to a fraud. (3.) A holder (whether for value or not), who derives his title to a bill through a holder in due course,... | |
| India, Patrick Dunlop Shaw - Negotiable instruments - 1882 - 362 pages
...bill is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful...or under such circumstances as amount to a fraud. (3.) A holder (whether for value or not), who derives his title to a bill through a holder in due course,... | |
| W. D. Thorburn - Bills of exchange - 1882 - 316 pages
...(d) duress, or force and fear, (e) or other unlawful means, (/) or for an illegal consideration, (g) or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud (h). (3.) A holder (i) (whether for value or not), who derives his title to a bill through a holder... | |
| Institute of Bankers (Great Britain) - Banks and banking - 1882 - 726 pages
...bill is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when ho negotiates it in breach of faith, or under such circumstances as amount to a fraud. (3.) A holder... | |
| Oscar Borchardt - Banking law - 1883 - 392 pages
...bill is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful...or under such circumstances as amount to a fraud. (3.) A holder (whether for value or not), who derives his title to a bill through a holder in due course,... | |
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