Instrument obtained by unlawful means prevents recovery unless the claimant qualifies as a holder in due course. A negotiable instrument lost or obtained by offence, fraud, or for an unlawful consideration cannot be enforced by a possessor or indorsee who claims through the person who found or obtained it, against the maker, acceptor, holder or any prior party, unless that possessor or someone through whom he claims is a holder in due course.