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" ... took it under circumstances which ought to have excited the suspicion of a prudent and careful man. "
Leading Cases in the Commercial Law of England and Scotland: Bills of ... - Page 246
by George Ross - 1853
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

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 that...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 3

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Cresswell Cresswell - Law reports, digests, etc - 1825 - 980 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....
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An Abridgment of the Law of Nisi Prius...

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....
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A Digest of the Law Relating to Bills of Exchange, Promissory Notes, and ...

Henry Roscoe - Bills of exchange - 1829 - 532 pages
...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...
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The American Jurist and Law Magazine, Volume 13

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,...
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A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

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...
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A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

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....
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 5

Great Britain. Court of King's Bench - Law reports, digests, etc - 1835 - 1218 pages
...which he seeks to throw upon the holder. But, secondly, it is no defence that the plaintiff took the bill bona fide, but under circumstances which ought to have excited the suspicion of a prudent man that it had not been fairly obtained. The defendant is bound to show that the plaintiff was guilty...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 5

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, John Leycester Adolphus - Law reports, digests, etc - 1835 - 1232 pages
...seeks to throw upon the holder. But, secondly, it is no defence that the plaintiff took the bill bond fide, but under circumstances which ought to have excited the suspicion of a prudent man that it had not been fairly obtained. The defendant is bound to show that the plaintiff was guilty...
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania, in ..., Volume 4

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 were...
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