holder in due course

Also found in: Dictionary, Thesaurus, Financial, Acronyms, Wikipedia.

Holder in Due Course

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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

holder in due course

a person who has taken a bill of exchange in good faith and for value before it was overdue and without notice of previous dishonour or of any defect in the title of the person who negotiated or transferred the bill. A holder in due course can negotiate the bill further and stands to be recompensed if it is dishonoured by the drawer, acceptor or other endorsee. The original payee ofa cheque is not a holder in due course.
Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
(42) Likewise, both the Eighth Circuit and the Western District of Michigan held that a holder in due course defense prevails when a defendant takes a negotiable interest from fiduciaries without knowledge of their status.
Raymond James Financial Services, Inc., the First Circuit determined whether, under Massachusetts law, a plaintiff must prove that a defendant knew of the embezzler's fiduciary status, as well as notice of the fiduciary's breach of duty, to vitiate a defendant's holder in due course defense.
106, [section] 3-302 (1999) (defining "holder in due course"); id.
106, [section] 3-302 (1999) (requiring holder in due course to take instrument without notice of claim); id.