 | Basil Montagu, Edward Erastus Deacon, Sir John Peter De Gex - 1845 - 974 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... | |
 | Sir John Bayley - 1849 - 678 páginas
...that the doctrine first laid down in Gilt v. Citliitt, pott, p. 537, that a party, who takes a bill under circumstances which ought to have excited the suspicion of a prudent man, cannot recover, It was formerly held that in the case of such a bill it would be a defence, if... | |
 | 1853 - 954 páginas
...and afterwards discounted by the plaintiff,) it •was 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 ; and that the defendant must shew that the plaintiff was... | |
 | George Ross - 1853 - 932 páginas
...fraudulently acquired, it is not sufficient for the defendant to shew that the plaintiff took the bill or note under circumstances which ought to have excited the suspicion of a prudent man, but he must shew that he was guilty of such gross negligence as evidences fraud, 233. 8. Gross... | |
 | Connecticut. Supreme Court of Errors - 1887 - 664 páginas
...fraud. At one time in England the question was held to be whether the plaintiff had taken the bill under circumstances which ought to have excited the suspicion of a prudent and careful man. Gill v. Cubitt, 3 Barn. & Cress., 466. Afterwards the rule was so far modified as to require gross... | |
 | Robert D. Handy, John H. Handy - 1855 - 638 páginas
...was introduced, "the court holding, for the first time, that if the bill was taken by the plaintiffs under circumstances which ought to have excited the suspicion of a prudent, careful man, the verdict should be for the acceptor." This decision virtually overruled the authority... | |
 | 1856 - 944 páginas
...could be no doubt ; and, secondly, whether he took it under circumstances which ought to have exeitt'd the suspicion of a prudent and careful man. If they...circumstances, then, notwithstanding he had given the full value for it, they ought to find a verdict for the defendant. Then the Lord Chief Justice,... | |
 | Simon Greenleaf - 1856 - 576 páginas
...v. Mills (post). DOWN v. HALLING, 4 B. & C. 330. To the point in respect to a party's taking a bill under circumstances which ought to have excited the suspicion of a prudent man that it had not been fairly obtained. Overruled in Crook v. Jardis, 5 B. & Ad. 909 ; Buckhouse... | |
 | Joseph Story - 1856 - 758 páginas
...plaintiff had given value for the Bill; and secondly, whether he had taken it under circumstances that ought to have excited the suspicion of a prudent and careful man; telling them that if they should be of opinion that the plaintiff had done so, notwithstanding that... | |
 | John Campbell Baron Campbell - 1857 - 408 páginas
...given a valuable consideration for it, cannot maintain an action upon it if the jury should think that he took it under circumstances which ought to have...excited the suspicion of a prudent and careful man." The rule having before been that the title of the holder for value could only be impeached by proof... | |
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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... 
