American Law Reports Annotated, Volume 18Lawyers Co-operative Publishing Company, 1922 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 6
... rule an- nounced in First Nat . Bank v . Walker , 39 Okla . 620 , 50 L.R.A. ( N.S. ) 1115 , 136 Pac . 408 , that , " in an action on a note by a trans- feree thereof , defendant cannot in- troduce evidence as to fraud and failure of ...
... rule an- nounced in First Nat . Bank v . Walker , 39 Okla . 620 , 50 L.R.A. ( N.S. ) 1115 , 136 Pac . 408 , that , " in an action on a note by a trans- feree thereof , defendant cannot in- troduce evidence as to fraud and failure of ...
Page 18
... rules : a . Under law merchant , 18 . b . Under Negotiable Instruments Act , 25 . c . Contra decisions , 29 . II . Instrument fraudulently put in cir- culation , 31 . III . Reasons for rule , 37 . IV . What holder must prove : a . Under ...
... rules : a . Under law merchant , 18 . b . Under Negotiable Instruments Act , 25 . c . Contra decisions , 29 . II . Instrument fraudulently put in cir- culation , 31 . III . Reasons for rule , 37 . IV . What holder must prove : a . Under ...
Page 29
... rule , that upon a showing of fraud the burden is upon the subsequent holder to show his good faith . It has been stated that the Negoti- able Instruments Act does not change the rule of the law merchant as to the burden of proof ...
... rule , that upon a showing of fraud the burden is upon the subsequent holder to show his good faith . It has been stated that the Negoti- able Instruments Act does not change the rule of the law merchant as to the burden of proof ...
Page 30
... rule further than that literally prescribed by the language of the decision in the Merchants ' & P. Nat . Bank Case . There would seem , in fact , to be a rational ground for distinction be- tween a case where the holder comes into ...
... rule further than that literally prescribed by the language of the decision in the Merchants ' & P. Nat . Bank Case . There would seem , in fact , to be a rational ground for distinction be- tween a case where the holder comes into ...
Page 38
... rule " proceeds upon the presumption that the person who has been guilty of fraud or illegality in obtaining the instrument would dispose of it and would place it in the hands of another person to sue upon it ; and it is because of such ...
... rule " proceeds upon the presumption that the person who has been guilty of fraud or illegality in obtaining the instrument would dispose of it and would place it in the hands of another person to sue upon it ; and it is because of such ...
Other editions - View all
Common terms and phrases
action affirmed agreement alleged annotation appeared appellant Asso authority automobile Bank beneficiary bill of lading bona fide burden cause certificate certiorari commission compensation constitute contract contributory negligence corporation County court says covenant Crim crime crossing damages danger defendant driver duty dwelling house eminent domain employee entitled erected evidence fact Federal Trade Commission fendant fraud held holder indorsement injury Iowa judgment juror jury land liable matter of law ment milk Minn N. Y. Supp negotiable Negotiable Instruments officer operation opinion ordinance owner parties partnership passenger payment person plaintiff plaintiff in error prosecution purchase purpose question railroad reason riding rule statute Statute of Frauds street car supra Teleg thereof tiff tion track trial United violation
Popular passages
Page 7 - 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 the title as a holder in due course.
Page 48 - A holder in due course is a holder who has taken the instrument under the following conditions: — 1. That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3.
Page 413 - Gross income" includes gains, profits, and income derived from salaries, wages, or compensation for personal service, of whatever kind and in whatever form paid, or from professions, vocations, trades, businesses, commerce, or sales, or dealings in property, whether real or personal, growing out of the ownership or use of or interest in such property; also from interest, rent, dividends, securities, or the transaction of any business carried on for gain or profit, or gains or profits and...
Page 9 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 232 - When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power.
Page 75 - If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger.
Page 425 - Because thou hast hearkened unto the voice of thy wife, and hast eaten of the tree, of which I commanded thee, saying, Thou shalt not eat of it: cursed is the ground for thy sake; in sorrow shalt thou eat of it all the days of thy life; thorns also and thistles shall it bring forth to thee; and thou shalt eat the herb of the field.
Page 654 - Anything which is injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action. Such action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance ; and by the judgment, the nuisance may be enjoined or abated, as well as damages recovered.
Page 228 - It may be said in a general way that the police power extends to all the great public needs. ... It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.
Page 551 - Upon such filing, the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript a decree enforcing, modifying, and enforcing as so modified^ or setting aside in whole or in part the order of the Board.