 | New York (State). Court of Chancery, William Johnson - 1822 - 622 pages
...person, fraudulently, so as to bind the true owner as against the holder, provided it be 1821. taken in the usual course of trade, and for a fair and valuable consideration, without notice of the fraud. But the defendants J. and CC, have not entitled themselves to the CoDP""iTa"protection of holders... | |
 | James Kent - 1827 - 544 pages
...cofisKreraTioii, and it if only as to third persons, who come to tfie possessTmroTThe"" paper in the usimr course' of trade, and for a fair and valuable consideration, without notice ol"the original defect, tlmt the want of n consideration cannot be alleged.' The rule, with this attending... | |
 | James Kent - 1828 - 432 pages
...other person, fraudulently, so as to bind the true owner as against the holder, if it was taken by him in the usual course of trade, and for a fair and valuable consideration, without notice of the fraud. But it was held, that if the paper bo not negotiated in the usual course of business, nor in... | |
 | Joseph Story - 1847 - 704 pages
...other person, fraudulently, so as to bind the true owner as against the holder, provided it be taken in the usual course of trade, and for a fair and valuable consideration without notice of the fraud. But he added, that the holders in that case were not entitled to the benefit of the rule, because... | |
 | William Paley - 1847 - 732 pages
...other person, fraudulently, sO as to bind the true owner as against the holder, provided it be taken in the usual course of trade, and for a fair and valuable consideration, without notice of the frand." Bay v. Coddington, 5 Johns. Ch. Rep. 54, 56. And again, in the latter part of his opinion,... | |
 | 1847 - 554 pages
...other person, fraudulently, so as to bind the true owner as against the holder, provided it be taken in the usual course of trade, and for a fair and valuable consideration, without notice of the fraud. But he added, that the holders in that case were not entitled to the benefit of the rule, because... | |
 | James Kent - 1848 - 1046 pages
...bill or note, equally with parties to other contracts, are affected by the want of consideration ; and it is only as to third persons, who come to the...possession of the paper in the usual course of trade, without notice of the original defect, that the want of a consideration cannot be alleged.« The rule,... | |
 | Georgia. Supreme Court - 1848 - 712 pages
...language of that rule, in most of the earlier cases, is to the effort, that the holder must come into the possession of the paper in the usual course of trade, and for a valuable consideration. What is the usual course of trade, and what amounts to receiving a pnper in... | |
 | Connecticut. Supreme Court of Errors - 1887 - 664 pages
...the rule is laid down generally, that the holder will be protected where the bill or note is taken in the usual course of trade and for a fair and valuable consideration without notice, in every case I have met with where the owner failed to recover, it appeared that the holder gave credit... | |
 | Joseph Story - 1856 - 758 pages
...other person, fraudulently, so as to bind the true owner as against the holder, provided it be taken in the usual course of trade, and for a' fair and valuable consideration, without notice of the fraud. But he added, that the holders in that case were not entitled to the benefit of the rule, because... | |
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Upon that occasion he said, that negotiable paper can be assigned or transferred by an agent or factor or by any other person, fraudulently, so as to bind the true owner as against the holder, provided it be taken in the usual course of trade, and for... 
