 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. And where the instrument is no longer in the possession of a party whose...  Wisconsin Reports - Page 559by Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1916Full view - About this book
 | 1914 - 1230 pages
...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....him is presumed until the contrary is proved." In a recent case decided by this court, Norman v. McCarthy, 138 Рас. 28, we had under consideration... | |
 | 1914 - 1246 pages
...possession of the maker or drawer, there is no presumption of delivery from that person. When, however, the instrument is no longer in the possession of a party whose signature appears thereon, a delivery from the persons whose signatures do appear thereon is presumed until the contrary appears.... | |
 | Virginia - 1899 - 724 pages
...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....delivery by him is presumed until the contrary is proved. § 17. CONSTRUCTION WHERE INSTRUMENT is AMBIGUOUS. — Where the language of the instrument is ambiguous... | |
 | 1926 - 1230 pages
...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...appears thereon, a valid and intentional delivery by him U presumed until the contrary is proved." The parties devote much of their briefs to the dispute as... | |
 | 1918 - 1336 pages
...deaf with the matter of presumptions, shows that no such presumption obtains, in this phrase: "When the instrument is no longer in the possession of a party whose siynature apiicur» tlicrcon, a valid and intentional delivery by him is presumed until the contrary... | |
 | Maryland - 1898 - 700 pages
...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....delivery by him is presumed until the contrary is proved. 36. Where the language of the instrument is ambiguous, or there are omissions therein, the following... | |
 | 1911 - 1320 pages
...in the hands of a holder in due conr.ie, a valid delivery thereof 6j/ all parties primto him so as to make them liable to him is conclusively presumed. And where the instrument is uo longer in the possession of a party whose signature appears thereon, a valid and intentional delivery... | |
 | William John Tossell - 1911 - 774 pages
...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 to him is conclusively presumed....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 - 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... | |
 | Florida - 1897 - 426 pages
...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....delivery by him is presumed until the contrary is proved. SEC. 17. Where the language of the instrument is am> biguous, or there are omissions therein, the following... | |
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