 | Great Britain. Court of King's Bench, James Dowling, Archer Ryland - 1825 - 866 páginas
...Chief Justice left it properly to the jury as a question of fact, whether the plaintiff had taken the bill under circumstances which ought to have excited the suspicion of a prudent and careful man, conversant with business. The facts of the case fully justified the strong observations... | |
 | 1825 - 800 páginas
...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 that... | |
 | William Selwyn - 1827 - 760 páginas
...properly 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 they having found for the defendant, the court refused to disturb the verdict.... | |
 | Henry Roscoe - 1829 - 532 páginas
...plaintiff had given value for the bill, of which there could be no doubt; and, 2dly, whether he took it under circumstances which ought to have excited the suspicion of a prudent and careful man. If they thought that he had taken the bill under such circumstances, then, notwithstanding... | |
 | 1835 - 520 páginas
...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,... | |
 | Henry Roscoe - 1831 - 788 páginas
...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 - 1832 - 660 páginas
...properly 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.... | |
 | Great Britain. Court of King's Bench, Richard Vaughan Barnewall, John Leycester Adolphus - 1835 - 1232 páginas
...whether the plaintiff was guilty of gross negligence, was more definite and appropriate. PATTESON J. I never could understand what is meant by a party's...ought to have excited the suspicion of a prudent man. Rule refused. (a) 4 B. # C. 330. 183*. GIBBS and CLAYTON, Executors of ELIZABETH EDWARDS, against SOUTHAM.... | |
 | Great Britain. Court of King's Bench - 1835 - 1218 páginas
...doctrine first laid down in Gill v. Cubiit (a), 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 a party... | |
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... under circumstances which ought to have excited the suspicion of a prudent and careful man. 
