A Treatise on the Law of Notice as Affecting Civil Rights and Remedies |
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Page 5
... communicated by the human senses ; but also that which is communicated by direct and pos- itive information , either written or oral , from persons who are personally cognizant of the fact communicated . - §7 . Direct Information . — It ...
... communicated by the human senses ; but also that which is communicated by direct and pos- itive information , either written or oral , from persons who are personally cognizant of the fact communicated . - §7 . Direct Information . — It ...
Page 6
... communicated ,. and is so full and complete as to all the essential details of the matter as to carry conviction to an ordinary mind , it would properly be classed as express notice , though it stopped far short of what might be ...
... communicated ,. and is so full and complete as to all the essential details of the matter as to carry conviction to an ordinary mind , it would properly be classed as express notice , though it stopped far short of what might be ...
Page 8
... communicated . Whether the no- tice has been communicated cannot be determined by the stand- ard of the recipient's stupidity or heedlessness . For the reason , therefore , that ignorance of an important fact which has been placed ...
... communicated . Whether the no- tice has been communicated cannot be determined by the stand- ard of the recipient's stupidity or heedlessness . For the reason , therefore , that ignorance of an important fact which has been placed ...
Page 20
... communicated . " 2 38. Held Same as Implied Notice . - These definitions exclude all those cases where the legal presumption of notice is subject to rebuttal or explanation . Chancellor KENT , however , says , " I hold him chargeable ...
... communicated . " 2 38. Held Same as Implied Notice . - These definitions exclude all those cases where the legal presumption of notice is subject to rebuttal or explanation . Chancellor KENT , however , says , " I hold him chargeable ...
Page 21
... communicated , or a legal inference of notice of a high char- acter ; but it also embraces that which is made conclusive upon the party notified by the provisions of a statute , without re- gard to the evidence of actual notice , or the ...
... communicated , or a legal inference of notice of a high char- acter ; but it also embraces that which is made conclusive upon the party notified by the provisions of a statute , without re- gard to the evidence of actual notice , or the ...
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A Treatise on the Law of Notice as Affecting Civil Rights and Remedies William Pratt Wade No preview available - 2015 |
Common terms and phrases
action actual notice affecting the title agent amount assignment attorney authority Bank bill bind bona fide purchaser carrier chain of title charged with notice chaser chattels chose in action circumstances cited claim Conn constructive notice contract conveyance conveyed court courts of equity creditor debtor decided deed defendant deposited doctrine drawer entitled to notice equity evidence excuse fact filed give notice given grantee grantor guarantor guaranty held sufficient holder indorser inquiry instruments affecting interest judgment knowledge land law merchant liability lis pendens ment mortgage mortgagor negotiable instruments officer owner paper partner partnership payment pendency pendente lite Penn person plaintiff possession premises principal prior publication real estate reason recitals record registry render residence rule served service of process sheriff's deed statute subsequent purchasers sufficient to put suit Supra tenant tion transaction trust unrecorded unregistered waiver Wend
Popular passages
Page 12 - The true doctrine on this subject is, that where the purchaser has knowledge of any fact, sufficient to put him on inquiry as to the existence of some right or title in conflict with that he is about to purchase...
Page 559 - And no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ...
Page 147 - It is scarcely correct to speak of lis pendens as affecting a purchaser through the doctrine of notice, though undoubtedly the language of the Courts often so describes its operation. It affects him not because it amounts to notice, but because the law does not allow litigant parties to give to others, pending the litigation, rights to the property in dispute, so as to prejudice the opposite party.
Page 249 - The special agreement, in this case, under which the goods were shipped, provided that they should be conveyed at the risk of Harnden; and that the respondents were not to be accountable to him or to his employers, in any event, for loss or damage.
Page 118 - Actual notice does not require positive and certain knowledge, such as seeing the deed; but that is sufficient notice, if it be such as men usually act upon in the ordinary affairs of life.
Page 160 - From the time of filing only shall the pendency of the action be constructive notice to a purchaser or incumbrancer of the property affected thereby...
Page 183 - The rule to be collected from the cases seems to be this, that where a party stipulates to do a certain thing in a certain specific event which may become known to him, or with which he can make himself acquainted, he is not entitled to any notice, unless he stipulates for it ; but when it is to do a thing which lies within the peculiar knowledge of the opposite party, then notice ought to be given him.
Page 148 - And therefore a purchase made of property actually In litigation, pendente lite, for a valuable consideration, and without any express or implied notice in point of fact, affects the purchaser in the same manner as if he had such notice, and he will...
Page 249 - The language is general and broad, and might very well comprehend every description of risk incident to the shipment. But we think it would be going further than the intent of the parties, upon any fair and reasonable construction of the agreement, were we to regard it as stipulating for willful misconduct, gross negligence, or want of ordinary care, either in the seaworthiness of the vessel, her proper equipments and furniture, or in her management by the master and hands.
Page 252 - I am unable to discover any ground which to me is satisfactory, on which a common carrier of goods can excuse himself from personal delivery to the consignee, except by that which usage has made a substitute. To require him to give notice when the goods are received, so that the consignee may know when to call for them, imposes upon him no unreasonable burden. If, by understanding with the consignee, the goods were to remain in store for a definite period, or until he should give directions concerning...