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" To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action... "
Laws - Page 412
by Illinois - 1907
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 181

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 - 1915 - 808 pages
...cases. Section 58 of our negotiable instruments act (Act No. 265, Pub. Acts 1905), reads as follows: "To constitute notice of an infirmity in the instrument,...action in taking the instrument amounted to bad faith." We find nothing in the record, either as to the time when the purchase was made by the plaintiff, or...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 151

North Carolina. Supreme Court - 1909 - 1058 pages
...(Rovisal, sec. 2205) is conclusive : "2205. Actual Knowledge Necessary to Constitute Notice of Infirmity. To constitute notice of an infirmity in the instrument...action in taking the instrument amounted to bad faith." It has further been held with us (Evans v. Freeman, 142 NC, 61) that the form of the endorsement, "without...
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The Central Law Journal, Volume 91

1920 - 516 pages
...payee, In so far as defenses of which he had notice are concerned. By notice is intended either — "actual knowledge of the infirmity or defect, or knowledge...action In taking the instrument amounted to bad faith." Laws 1909, c. 123, § 66. It can be found that one who knew of facts that would have put the ordinary...
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The Central Law Journal, Volume 86

1918 - 502 pages
...said that this rule at common law is strongly enforced in Negotiable Instruments Law. There must be "actual knowledge of the infirmity or defect, or knowledge...such facts that his action in taking the instrument amounts to bad faith." "Mere ground of suspicion as to possible defects in the title of the negotiator,...
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Report of the ... Annual Meeting of the American Bar Association, Volume 30

American Bar Association - 1906 - 474 pages
...Tennessee (March 31, 1905). Under the NIL Acts 1899, p. 150, ch. 94 (Crawf., § 95), it is provided that to constitute notice of an infirmity in the instrument...action in taking the instrument amounted to bad faith. Where certificates of deposit payable to C., " trustee " and " trustee of BF," were wrongfully indorsed...
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The Federal Reporter

1925 - 1124 pages
...sustained. Paragraph 56 of the Negotiable Instruments Act (Gen. St. 1913, § 5868) reads as follows : "To constitute notice of an infirmity in the instrument...action in taking the instrument amounted to bad faith." There was no evidence introduced or offered that the banks had actual knowledge that these notes which...
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The Federal Reporter, Volume 136

1905 - 1120 pages
...notice of any infirmity in the Instrument or defect in the title of the person negotiating it" "Sec. 73. To constitute notice of an infirmity in the Instrument...action in taking the instrument amounted to bad faith. "Sec. 74. A holder in due course holds the instrument free from any defect of title or prior parties,...
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The Federal Reporter

1925 - 1112 pages
...person negotiating a bill or note, "the person to whom it is negotiated must have had actual notice of the infirmity or defect, or knowledge of such facts...action in taking the instrument amounted to bad faith." This writ seems to us an attempt to find or make some conflict or discord between the quoted portions...
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The Pacific Reporter, Volume 170

1918 - 1210 pages
...on the instrument prior to the acquisition of such defective title." It Is enacted by section 5889: "To constitute notice of an infirmity in the instrument...is negotiated must have had actual knowledge of the iulirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to...
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The Pacific Reporter, Volume 209

1923 - 1220 pages
...constitute notice of an infirmity in the instrument or defect in the title of the person cegotiating the same, the person to whom it is negotiated must...the infirmity or defect, or knowledge of such facts thnt his action in taking the instrument amounted to bad faith." The answer abundantly pleads actual...
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