| Theophilus Parsons - 1873 - 884 lehte
...Cubitt, saying, " It is equally'well settled that if an indorsee takes a bill without due caution, and under circumstances which ought to have excited the suspicion of a prudent ami careful man, the maker, acceptor, or prior indorser may be let into his defence. The ordinary and... | |
| 1872 - 940 lehte
...plaintiff had given value for the bill, of which there could be no doubt; and, second, whether he took it under 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... | |
| Theophilus Parsons - 1876 - 856 lehte
...appropriate." Pattexon, J. concurred, and said : " I never could understand what is meant by a party's Inking a bill under circumstances which ought to have excited the suspicion of n prudent man." In Backhouse u. Harrison, the jury found, upon questions specially submitted, that... | |
| William Pratt Wade - 1878 - 724 lehte
...discounted a bill which had been advertised as lost, in the ordinary course of his business, nivliT circumstances which ought to have excited the suspicion^ of a prudent man, he was not entitled to recover against the indorser.2 But in a subsequent case this uncertain and vague... | |
| Joseph Haworth Redman - 1880 - 232 lehte
...are delivering to the right person, they are induced to part with the goods to a wrong person, but under circumstances which ought to have excited the suspicion of a prudent man. (Stephenson v. Hart, 4 Bing. 476.) Where goods are consigned to an address, and no person of the name... | |
| Henry D. Jencken - 1880 - 184 lehte
...C., 466, may be put thus : — " "Whether the party who took the lost or stolen instrument took it under circumstances which ought to have excited the suspicion of a prudent and careful man." In the case of Baxendale v. Bennett, 44 LJ, QB, App., p. 624, it was held that on... | |
| James Barr Ames - 1881 - 932 lehte
...more definite and appropriate. PATTESON, J. I never could understand what is meant by a party'h taking a bill under circumstances which ought to have excited the suspicion of a prudent man. Rule refused 'a GOODMAN v. HARVEY 'AND' OTHERS. . f ' >' . ?• '. •'•''• ' ' v IN THE KING'S... | |
| John Hutchison - 1881 - 568 lehte
...warrant such a finding. " Littledale, J. : "It was no defence to the action that the plaintiff took the bill under circumstances which ought to have excited the suspicion of a prudent man, and that it had not been fairly obtained. The defendant was bound to show that the plaintiff had been... | |
| 1882 - 772 lehte
...Tenterden told the jury to find for the plaintiff, if they thought that the defendant had taken the cheque under circumstances which ought to have excited the suspicion of a prudent man ; and, further (on the authority of Gill v. Cubitt (1), which has since been overruled), asked whether... | |
| John Warwick Daniel - 1886 - 990 lehte
...plaintiff had given value for the bill, of which there could be no doubt ; and, second, whether he took it under 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... | |
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