I apprehend that when a party having knowledge of such facts as would lead any honest man, using ordinary caution, to make further inquiries, does not make, but, on the contrary, studiously avoids making such obvious inquiries, he must be taken to have... Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 448by Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1889Full view - About this book
| New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1864 - 674 pages
...knowledge of such facts as would lead any honest man, using ordinary caution, to make further inquiries, does not make, but on the contrary studiously avoids...ordinary diligence, he would readily have ascertained." This very plainly implies that proof that tho party has used due diligence, but without effect, would... | |
| Edward Burtenshaw Sugden - 1873 - 774 pages
...where a party having knowledge of such facts as would lead any honest man to make further inquiries, does not make, but on the contrary studiously avoids...ordinary diligence, he would readily have ascertained. He is not, indeed, bound to an extraordinary circumspection, nor, on the other hand, is it necessary... | |
| Upper Canada. Court of Common Pleas - 1875 - 828 pages
...enquiries, does not make, but on the contrary studiously avoids making such obvious enquiries, he must lie taken to have notice of those facts which, if he had...ordinary diligence, he would readily have ascertained. He is not, indeed, bound to use extraordinary circumspection ; nor, on the other hand, do I apprehend... | |
| William Pratt Wade - 1878 - 724 pages
...contrary, studiously avoids making, such obvious inquiries, he must be taken to have notice of these facts, which, if he had used such ordinary diligence, he would readily have ascertained."2 §12. Notice to Purchasers — When Actual. — A familiar class of cases in which this... | |
| Benjamin Russell - 1885 - 606 pages
...further enquiries, does not make, but, on the contrary, studiously avoids making such obvious enquiries, he must be taken to have notice of those facts which,...ordinary diligence, he would readily have ascertained." Third. To meet the contention that an estoppel, once existing, cannot be put an end to,, the authorities... | |
| 1888 - 1068 pages
...constructive notice where, having the means of knowledge, he does not use them. If he has such knowledge of facts as would lead any honest man, using ordinary...of complainant? He would have ascertained that the complainants claimed the absolute and complete title to the land in question; that they had acquired... | |
| 1894 - 1240 pages
...knowledge of such facts as would lead any honest man, using ordinary caution, to make further inquiries, does not make, but, on the contrary, studiously avoids...ordinary diligence, he would readily have ascertained." Id. 328. And see Wright v. Cabot, 89 NY 570; Edwards v. Dooley, 120 NY 553, 24 NE 827. If Smith chose... | |
| Austin Abbott - 1894 - 634 pages
...knowledge of such facts as would lead any honest man, using ordinary caution, to make further inquiries, does not make, but, on the contrary, studiously avoids...ordinary diligence, he would readily have ascertained " (16. 328; and see Wright v. Cabot, 89 A'. K 570; Edwards v. Dooley, 120 Id. 540, 553). If Smith chose... | |
| 1877 - 658 pages
...contrary, studiously avoids making, such obvious inquiries, he must be taken to have notice of these facts, which, if he had used such ordinary diligence, he would readily have ascertained." This is the same doctrine as that declared in Williams v. Brown (*гфто), where the notice implied... | |
| Nova Scotia. Supreme Court - 1885 - 610 pages
...further enquiries, does not make, but, on the contrary, studiously avoids making such obvious enquiries, he must be taken to have notice of those facts which,...ordinary diligence, he would readily have ascertained." Third. To meet the contention that an estoppel, once existing, cannot be put an end to, the authorities... | |
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