 | John Bayley - 1836 - 700 pages
...opportunity, and return them immediately. But if he pays them, and continues silent, after he lias had sufficient opportunity to examine them, he should...be considered as having adopted them as his own." Motion overruled. Gloucester Bank v. Salem Bank, 17 Mass. R. 33.] was not liable to a lonajid* holder... | |
 | 1847 - 554 pages
...United Sute» t». The Bank of Georgia. This principle will apply in all cases where forged notes have been received, but certainly with more strength, when...be considered as having adopted them as his own." Against the pressure of these authorities there is not a single opposing case ; and we must, therefore,... | |
 | Robert D. Handy, John H. Handy - 1855 - 638 pages
...negligence will defeat his right of action. The principle will apply in all cases where forged notes have been received, but certainly with more strength, when...be considered as having adopted them as his own." But it is said that the strict rule should not be applied here, because the defendants lost nothing... | |
 | Theophilus Parsons - 1873 - 884 pages
...negligence will defeat his right of action. This principle will apply to all cases where forged notes have been received, but certainly with more strength when...receiving them is the one purporting to be bound to pny. For he knows better than any other whether they are his notes or not ; and if he pays them or... | |
 | 1875 - 462 pages
...notes have been received, but certainly with more strength where the party receiving them ii the oue purporting to be bound to pay. For he knows better...opportunity to examine them, he should be considered as adopting them as his own." Neither of these cases is in opposition to the principles of law announced... | |
 | Theophilus Parsons - 1876 - 856 pages
...cases where forged notes have been received, hnt certainly with more strength when the party rereiving them is the one purporting to be bound to pay. For...has had sufficient opportunity to examine them, he «honld be considered as having adopted them as his own." The law wonld be th* •ame in Delaware,... | |
 | Ohio. Superior Court (Cincinnati), Robert D. Handy, John H. Handy - 1877 - 694 pages
...ligence will defeat his right of action. The principle will apply in all cases where forged notes have been received, but certainly with more strength when...payment, and continues silent after he has had sufficient Ellis & Morton r. Ohio L. Ins and Trust Co. opportunity to examine them, he should be considered as... | |
 | Ohio. Superior Court (Cincinnati), John H. Handy, Robert D. Handy - 1877 - 692 pages
...apply in all cases where forged notes have been received, but certainly with more strength when tho party receiving them is the one purporting to be bound...payment, and continues silent after he has had sufficient Ellis & Morton r. Ohio L. Ins and Trust Co. opportunity to examine them, he should be considered as... | |
 | John Warwick Daniel - 1886 - 990 pages
...162. will defeat his right of action. This principle will apply to all cases where forged notes have been received, but certainly with more strength when...them in payment, and continues silent after he has sufficient opportunity to examine them, he should be considered as having adopted them as his own."1... | |
 | United States. Supreme Court - 1882 - 798 pages
...negligence will defeat his right of action. This principle will apply in all cases where forged notes have been received, but certainly with more strength when the party receiving them is the one pur|x>rting to be bound to pay. For he knows better than any other whether they are his notes or not;... | |
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The true rule is, that the party receiving such notes must examine them as soon as he has opportunity, and return them immediately. If he does not, he is negligent, and negligence will defeat his right of action. This principle will apply in all cases... 
