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REAL DEFENSES: Number or the relations of parties acceptor or endorser.

Presumption of valid
deliveries by all parties prior to the one
22. Minority Medium or currency in which payment is to be
holding in due course. Valid and intentional
made
Endorsement or assignment by a corporation delivery by a party whose signature appears
or infant, the property passes and said corp or Which adds place of payment where no place thereon.
infant may incur no liability. is specified, or other change/addition which
-
alters effect of instru in any respect
28. Absence or failure of consideration
15. Non delivery of incomplete instrument
Matter of defense as against any person not an
PERSONAL DEFENSES
When incomplete instru delivered and HDC. Partial failure is a defense pro tanto.
completed without authority – not valid for 12. Ante dating
55. 56. And 57. Simple fraud, duress,
holder and as against person whose signature
Does not invalidate instru, except if done for intimidation, force or fear, illegality of
was placed.
illegal/fraudulent purpose. Person to whom consideration, breach of faith
23. Forgery or want of Authority delivered acquires title as of date of delivery.
Title is defective when person obtained by
- wholly inoperative. Unless party is precluded 13. Insertion of wrong date fraud, duress, force or fear, or other unlawful
from setting up the defense of forgery. means.
As between immediate and prior parties – this
124. and 125. Material Alteration becomes a personal defense. Person to whom it is negotiated must have
actual knowledge of the infirmity or defect, for
Without assent of all parties liable – avoided, HDC may has the right to regard the wrongfully it to constitute notice of defect.
except against party who made, authorized or inserted date as true date.
assented to alteration. HDC hold instrument free from defect and free
14. Filling up blanks beyond authority from defenses of prior parties. And may
If it gets in the hand of a HDC – he may enforce enforce payment for the full amount thereof.
Person in possession has prema facie authority
payment according to original tenor
to complete. If any instrument, after
WHAT CONSTI MAT. AL.? completion is negotiated to an HDC – valid and
effectual for all purposes in his hands.
Any alteration which changes:

Date
16. Want of delivery of incomplete instrument
Sum payable, either for principal or interest
Nego inst. Is incomplete and ineffectual until
Time of place of payment
delivery. Delivery must be made either by or
under the authority of the maker, drawer,

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