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" ... under circumstances which ought to have excited the suspicion of a prudent and careful man. "
Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Page 129
by Vermont. Supreme Court - 1861
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Reports of Cases Argued and Determined in the Court of ..., Part 150, Volume 5

Great Britain. Court of King's Bench - Law reports, digests, etc - 1825 - 862 pages
...that it was for the jury to say whether 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 set aside the verdict. Gill v. Cubitt,...
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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, James Dowling, Archer Ryland - Law reports, digests, etc - 1825 - 866 pages
...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 made by the...
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An Abridgment of the Law of Nisi Prius...

William Selwyn - Nisi prius - 1827 - 760 pages
...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. . m Miller v. Race,...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 1

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...
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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
...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 he had given...
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The American Jurist and Law Magazine, Volume 13

Law - 1835 - 520 pages
...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.)—...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 11

Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1830 - 630 pages
...plaintiff had taken the bill of exchange (on which the action was brought) 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. The Jury in this case...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 41

New Jersey. Court of Chancery - Law reports, digests, etc - 1886 - 746 pages
...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...
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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
...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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A Selection of Leading Cases on Various Branches of the Law: With ..., Volume 1

John William Smith - Law reports, digests, etc - 1841 - 744 pages
...Chief Justice left it to the jury whether the plaintiff had taken the bill under circumstances which ought to have excited the suspicion of a prudent and careful man. If they thought he had, they were to find a verdict for the defendant. His lordship asked the jury...
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