 | Pennsylvania. Supreme Court, Thomas Isaac Wharton - 1889 - 648 páginas
...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 páginas
...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... | |
 | Great Britain. Court of Exchequer - 1837 - 1338 páginas
...indorsee, and afterwards discounted by the plaintiff, it is no defence that the plaintiff took the bill under circumstances which ought to have excited the suspicion of a prudent man that it had not been fairly obtained : the defendant must show that the plaintiff was guilty of... | |
 | Great Britain. Court of Common Pleas, John Scott - 1838 - 760 páginas
...B. & Ad. 918, Patteson, J., says : " I never could understand what is meant by parties taking a bill under circumstances which ought to have excited the suspicion of a prudent man :" and Taunton, J., added : " I cannot estimate the degree of care which a prudent man should take."... | |
 | John William Smith - 1841 - 744 páginas
...expression. " I never," said Patteson, J., " could understand what was meant by a party taking a bill under circumstances which ought to have excited the suspicion of a prudent man." (Vide tamen the observations of Tindal, LCJ, in Vaughan v. Menlove, 3 Bingh. NC 475. This was... | |
 | Thomas Starkie - 1842 - 1186 páginas
...unknown to him, and without inquiry. It was left to the jnry to say whether he had not taken the bill under circumstances which ought to have excited the suspicion of a prudent and careful man. Having found for the defendant, who was sued as indorsee of the bill, the Court refused to disturb... | |
 | Samuel Bealey Harrison - 1842 - 694 páginas
...action by an indorsee for value of a bill which had been lost, it is no defence that the bill was taken under circumstances which ought to have excited the suspicion of a prudent and cautious man. Crook в. Jadis, 3 Nev. & M. 257 ; ú В. & Adol. 909. 161 Nothing short of gross negligence... | |
 | Basil Montagu, Edward Erastus Deacon, Great Britain. Court of Review - 1842 - 970 páginas
...doctrine first laid down in Gill v. Cubitt, and acted upon in other cases, that a party who takes a bill under circumstances, which ought to have excited the suspicion of a prudent man, cannot recover, has gone too far, and ought to be restricted. I can perfectly understand that... | |
 | J S. D - 1843 - 234 páginas
...acceptor,. * But if the circumstances under which the party toot the lost or stolen bill be such as ought to have excited the suspicion of a prudent and careful man, so that, on inquiry, he might have discovered that the instrument was stolen or lost, he must bear... | |
 | 1843 - 534 páginas
...according to the view adopted by Lord Tenterden in summing up to them, the plaintiff took the note, &c. under circumstances which ought to have excited the suspicion of a prudent man ;1 or as Lord Denman has directed them, whether the plaintiff had been guilty of gross negligence... | |
| |
Justice told the jury that there were two questions for their consideration : First, whether the plaintiff had given value for the bill, of which there could be no doubt ; and, secondly, whether he took it under circumstances which ought to have excited... 
