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" Absence or failure of consideration is matter of defense as against any person not a holder in due course; and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise. "
Cases Decided in the Supreme Court of Appeals of Virginia - Page 126
by Virginia. Supreme Court of Appeals - 1924
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Laws, Joint Resolutions, and Memorials, Passed at the ... Session of the ...

Nebraska - Session laws - 1905 - 920 pages
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The Central Law Journal, Volume 96

Law - 1923 - 462 pages
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 50

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 - 1919 - 688 pages
...contained in the answer. Upon that question our statute, Comp. Laws 1907, section 1580, provides : ' ' Absence or failure of consideration is matter of defense...an ascertained and liquidated amount or otherwise." Referring again to 1 Daniel, Neg. Insts., in section 193 the author says : ' ' Under the statute it...
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The Northwestern Reporter, Volume 186

Law reports, digests, etc - 1922 - 1138 pages
...section 28 Un. | Neg. Inst. Act), which reads as follows: ' "Absence or failure of consideration is a matter of defense as against any person not a holder...an ascertained and liquidated amount or otherwise." That the plaintiff is "not a holder in due course" is clear. It follows that the sole1 und decisive...
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The Lancaster Law Review, Volume 27

Law - 1910 - 450 pages
...time and date the payments were made. Section 28 of the Act of May 16, 1901, PL 194, declares that " absence or failure of consideration is matter of defense...an ascertained and liquidated amount or otherwise." It would, therefore, seem that the affidavits of defense were sufficient. There is a distinct allegation...
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The Pacific Reporter, Volume 170

Law reports, digests, etc - 1918 - 1210 pages
...consideration may be pleaded to a part, as well as to the whole, of the cause of action." 9 Cyc. 737. "Absence or failure of consideration is matter of...whether the failure is an ascertained and liquidated amouut or otherwise." Section 4078. Revised Laws 1910. [3] The plaintiff having failed to demur to...
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The Northeastern Reporter, Volume 127

Law reports, digests, etc - 1920 - 956 pages
...failure Is an ascertained and liquidated amount or otherwise." By statute such a failure Is made a matter of defense as against any person not a holder In due course, 'and the burden of proof thereof Is upon the defendant, who must set It up In his answer In case he wishes...
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The Atlantic Reporter, Volume 75

Law reports, digests, etc - 1910 - 1132 pages
...of Public General Laws 1904, art. 13, I 47) provides that absence or failure of consideration is a defense as against any person not a holder in due...partial failure of consideration is a defense pro tanto. [Ed. Note. — For other eases, see Corporations, Cent. Dig. § 1401 ; Dec. Dig. ! 316.*] Appeal from...
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The Atlantic Reporter, Volume 117

Law reports, digests, etc - 1922 - 958 pages
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Atlantic Reporter, Volume 86

Law reports, digests, etc - 1913 - 1134 pages
...person whose signature appears thereon, to have become a party thereto for value; and by section 28 absence or failure of consideration Is matter of defense as against any person not a' holder in due courte. Section 29 defines an accommodation party, and provides that such a person is liable on the...
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