 | John Innes Clark Hare - 1871 - 952 páginas
...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...suspicion of a prudent and careful man. If they thought he had taken the biil under such circumstances, then, notwithstanding he had given the full value for... | |
 | William Wetmore Story - 1871 - 784 páginas
...instruments strictly negotiable, and taken bond fide? Indeed it has been held, that if they be taken under circumstances which ought to have excited the suspicion of a prudent and careful man, the property therein does not pass, so as to deprive the actual owner from recovering.3 But this rule... | |
 | 1872 - 926 páginas
...doctrine laid down in Gill vs. 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 can not recover, has gone too far, and ought to be restricted. I can perfectly understand that... | |
 | Theophilus Parsons - 1873 - 884 páginas
...a note which had been lost or stolen could not maintain an action upon it if the jury should think he took it under circumstances which ought to have excited the suspicion of a prudent man. Lord Campbell, after stating that the new rule was universally adopted, says: "But the rale died... | |
 | Theophilus Parsons - 1873 - 804 páginas
...Gill ». Cubitt, 3 В & C. 466, 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. See also Down r. Hailing, 4 B. & C. 330; Snow ». Peacock, 2 C. & P. 215; Beckwith v. Corrall, 2 C.... | |
 | John Campbell Baron Campbell - 1874 - 540 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... | |
 | 1872 - 940 páginas
...circumstances which ought to have excited the suspicion of a. prudent and careful man. If they thought he had taken the bill under such circumstances, then, notwithstanding he had given the full value for it, they ought to find a verdict for the defendant.' The jury found for the defendant,... | |
 | 1878 - 540 páginas
...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 the suspicions of a prudent and careful man. If they thought that he had taken the bill under such circumstances,... | |
 | George John Shaw - 1878 - 202 páginas
...evidence it was contended that the plaintiff had not used due caution, and that he had taken the bill under circumstances which ought to have excited the suspicion of a prudent man ; that the bill had not been fairly obtained, and therefore he was not entitled to recover. Lord... | |
 | Isaac Grant Thompson - 1879 - 912 páginas
...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 the suspicions of a prudent and careful man. If they thought that he had taken the bill under such circumstances,... | |
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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... 
