| J. Walter Jones - 1921 - 140 páginas
...in 1824, a direction to find for the defendant, the acceptor, if the plaintiff had taken the bill in circumstances which ought to have excited the suspicion of a prudent and careful man, was held a proper one. Abbott, CJ, thought the case of Lawson v. Weston doubtful; Bayley, J., said... | |
| Josephus Nelson Larned - 1923 - 960 páginas
...principle in the noted English tase of Gill v. Cubitt, in which it was held that if the holder for value took it under circumstances which ought to have excited the suspicion of a prudent and careful man, he could not recover. This case annoyed courts and innocent holders for years, until it was sat upon,... | |
| 1895 - 538 páginas
...Tenterden so far modified the existing rule as to hold that one is not a bonajide holder who took the paper under circumstances which ought to have excited the suspicion of a prudent and careful man. This ruling was subjected to the universal criticism of both the legal and mercantile world, and the... | |
| 1878 - 546 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,... | |
| 1887 - 1030 páginas
...paper would have been subject in the hands of the original party, wlifen it appeared that he had taken it under 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... | |
| 1887 - 1030 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. Bill v. Cubitt, 3 Barn. <fc C. 466. Afterwards the rule was so far modified as to require gross negligence.... | |
| Illinois. Supreme Court - 1875 - 734 páginas
...maturity, was not entitled to the privileges which belong to a bona fide holder, when he took the paper under circumstances which ought to have excited the suspicion of a prudent and careful man. But that case was distinctly overruled in the same tribunal where it was decided, in Goodman v. Harvey,... | |
| 1879 - 1112 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 bill under such circumstances, then, notwithstanding he had given full value for it,... | |
| 1887 - 958 páginas
...paper would have been subject in the hands of the original party, when it appeared that he had taken it under 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... | |
| 1901 - 1102 páginas
...the jury to find a verdict for the plaintiff if they thought that the defendants had taken the cheque under circumstances which ought to have excited the suspicion of a prudent man, even though he gave valuable consideration for it and acted Imna fiik. The question was whether... | |
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