| 1825 - 800 Seiten
...negligence. For if they thought that this check, presented six days after it was drawn, was tendered under circumstances which ought to have excited the suspicion of a prudent man of business, the plaintiff would be entitled to their verdict, though there might be no evidence... | |
| William Selwyn - 1827 - 760 Seiten
...properly directed to find for the plaintiff, if they thought that the defendant had taken the check under circumstances which ought to have excited the suspicion of a prudent man. observing, that there was no evidence to show that the defendant, in taking the note, had acted... | |
| Great Britain. Court of Exchequer, Thomas M'Cleland, Edward Younge - 1827 - 670 Seiten
...vice affecting it ; or under circumstances which, accordfag to the rule laid down in Gill v. Culritt, ought to have excited the suspicion of a prudent and careful man. I think this note did come to the plaintiff under circumstances which called upon him, as a prudent... | |
| 1835 - 520 Seiten
...for value of a bill which has been stolen or lost, it is no defence that the bill was taken by him under circumstances which ' ought to have excited the suspicion of a prudent and careful man.' Nothing short of gross negligence will impeach his title. (See Backhouse v. Harrison, ante, p. 165.)—... | |
| Henry Roscoe - 1829 - 532 Seiten
...the jury to find a verdict for the plaintiff, if they thought that the defendants had taken the check under circumstances which ought to have excited the suspicion of a prudent man, observing at the same time that there was no evidence to show that the defendants in taking the... | |
| New Jersey. Court of Chancery - 1886 - 746 Seiten
...have been subject in the hands of the original party, where it appeared that he had taken it undeB. circumstances "which ought to have excited the suspicion of a prudent and careful man." But the doctrine of that case has been overruled in England and in the supreme court of the United... | |
| Henry Roscoe - 1831 - 788 Seiten
...were properly directed to find for the plaintiff if they thought the defendant had taken the check under circumstances which ought to have excited the suspicion of a prudent man, and secondly, that the shopkeeper having taken the check five days after it was due, it was sufficient... | |
| Henry Roscoe - 1832 - 660 Seiten
...directed to find a verdict for the defendant, if they thought that the plaintiff had taken the bill under circumstances which ought to have excited the suspicion of a prudent and careful man, and the jury having found for the defendant, the court refused to disturb the verdict. Gill v. Cubitt,... | |
| Pennsylvania. Supreme Court, Thomas Isaac Wharton - 1889 - 648 Seiten
...circumstance to be taken into consideration by a jury, in determining whether the party took the checks under circumstances which ought to have excited the suspicion of a prudent man." Chitty on Bills, 247-8. 546. (Walker r. Geisse.) But, it is said, that the checks in question... | |
| Cuthbert William Johnson - 1837 - 236 Seiten
...judge will desire the jury to consider when they are considering whether the party took the checks under circumstances which ought to have excited the suspicion of a prudent man. Down v. Hallen (1825), 6 D. & R. 435. TAYMENT IN BILLS. A bill is no payment of a debt. Burden... | |
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