 | 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... | |
 | William Selwyn - Nisi prius - 1827 - 760 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 they having found for the defendant, the court refused to disturb the verdict.... | |
 | Henry Roscoe - Bills of exchange - 1829 - 532 pages
...whether the 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... | |
 | 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,... | |
 | 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... | |
 | Pennsylvania. Supreme Court, Thomas Isaac Wharton - Law reports, digests, etc - 1889 - 648 pages
...circumstance to be taken into consideration by a jury, in determining whether the party took the checks under circumstances which ought to have excited the suspicion of a prudent man." Chitty on Bills, 247-8. 546. (Walker r. Geisse.) But, it is said, that the checks in question... | |
 | Cuthbert William Johnson - Bills of exchange - 1837 - 236 pages
...judge will desire the jury to consider when they are considering whether the party took the checks under circumstances which ought to have excited the suspicion of a prudent man. Down v. Hallen (1825), 6 D. & R. 435. TAYMENT IN BILLS. A bill is no payment of a debt. Burden... | |
 | Great Britain. Court of Exchequer - Court rules - 1837 - 1338 pages
...indorsee, and afterwards discounted by the plaintiff, it is no defence that the plaintiff took the bill under circumstances which ought to have excited the suspicion of a prudent man that it had not been fairly obtained : the defendant must show that the plaintiff was guilty of... | |
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... under circumstances which ought to have excited the suspicion of a prudent and careful man. 
