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A bill is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or where he negotiates it in breach of faith, or under such circumstances as to amount his title to a bill through a holder in due course, and who is not himself a party to any fraud or irregularity affecting it, has all the rights of that holder in due course, as regards the acceptor and all parties to the appears on a bill is prima facie deemed to have become be a holder deposit in due course; but if in an action on a bill it is admitted or proved that the acceptance, issue, or subsequent negotiation of the bill is affected with fraud, duress, or force and fear, or illegality, the burden of proof is shifted, unless and until the holder proves that, subsequent to the alleged fraud or illegality, value has in good faith been given for the bill.
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