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Holder in Due Course |
Also found in: Financial, Acronyms, Wikipedia | 0.04 sec. |
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An individual who takes a Commercial Paper for value, in Good Faith, with the belief that it is valid, with no knowledge of any defects. The Uniform Commercial Code (UCC) defines a holder in due course as one who takes an instrument for value in good faith absent any notice that it is overdue, has been dishonored, or is subject to any defense against it or claim to it by any other person. holder in due course n. one holding a check or promissory note, received for value (he/she paid for it), in good faith, and with no suspicion that it might be no good, claimed by another, overdue, or previously dishonored (a bank had refused to pay since the account was overdrawn). Such a holder is entitled to payment by the maker of the check or note. (See: bona fide purchaser) How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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In contrast to its views about sales, the District Court held that usually an assignment of a claim will not insulate the transferee from adverse consequences caused by conduct of the transferor or a prior holder (unless, for example, the assignee is a holder in due course of a negotiable promissory note). It also contains a summary of the rights of parties involved in common scenarios and coverage of: types of instruments; the life of an instrument; applicable laws; UCC theories of liability; discharge; the Holder in Due Course doctrine; accomodation parties; liability of an instrument signed by an agent; warrant liability; preclusion; altered instruments; and, procedural issues. Any holder in due course will take an instrument free from all competing claims to it and, with certain exceptions, all defenses of any party to the instrument with whom the holder has not dealt. |
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