 | Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Cresswell Cresswell - Law reports, digests, etc - 1825 - 974 pages
...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...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,... | |
 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1825 - 862 pages
...to say whether the plaintiff or his nephew (which was the same thing) had taken the bill in question under circumstances which ought to have excited the suspicion of a prudent and cautious man ; for if he had so taken it, although he had given full value, yet in point of law they... | |
 | Law reports, digests, etc - 1825 - 800 pages
...negligence. For if they thought that this check, presented six days after it was drawn, was tendered under circumstances which ought to have excited the suspicion of a prudent man of business, the plaintiff would be entitled to their verdict, though there might be no evidence... | |
 | Great Britain. Court of Exchequer, Thomas M'Cleland, Edward Younge - Equity - 1827 - 670 pages
...vice affecting it ; or under circumstances which, accordfag to the rule laid down in Gill v. Culritt, ought to have excited the suspicion of a prudent and careful man. I think this note did come to the plaintiff under circumstances which called upon him, as a prudent... | |
 | William Selwyn - Nisi prius - 1827 - 760 pages
...properly directed to find for the plaintiff, if they thought that the defendant had taken the check under circumstances which ought to have excited the suspicion of a prudent man. observing, that there was no evidence to show that the defendant, in taking the note, had acted... | |
 | Law - 1835 - 520 pages
...for value of a bill which has been stolen or lost, it is no defence that the bill was taken by him under circumstances which ' ought to have excited the suspicion of a prudent and careful man.' Nothing short of gross negligence will impeach his title. (See Backhouse v. Harrison, ante, p. 165.)—... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1886 - 746 pages
...have been subject in the hands of the original party, where it appeared that he had taken it undeB. 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... | |
 | Henry Roscoe - Evidence (Law) - 1831 - 788 pages
...were properly directed to find for the plaintiff if they thought the defendant had taken the check under circumstances which ought to have excited the suspicion of a prudent man, and secondly, that the shopkeeper having taken the check five days after it was due, it was sufficient... | |
 | Henry Roscoe - Evidence (Law) - 1832 - 660 pages
...directed to find a verdict for the defendant, if they thought that the plaintiff had taken the bill under circumstances which ought to have excited the suspicion of a prudent and careful man, and the jury having found for the defendant, the court refused to disturb the verdict. Gill v. Cubitt,... | |
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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... 
