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" Whether there has been in any particular case reasonable diligence used, or whether unreasonable delay has occurred, is a mixed question of law and fact, to be decided by the jury acting under the direction of the Judge, upon the particular circumstances... "
Summary of the Law of Bills of Exchange, Cash Bills, and Promissory Notes - Page 232
by Sir John Bayley - 1849 - 643 pages
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 9

Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1833 - 812 pages
...under all the circumstances of the case, and that there must be no unreasonable or improper delay. Whether there has been in any particular case reasonable...of each case. The judgment of the Court of Common Pleas in the case of Muilman v. D'Eguino (a), seems to us to lead directly to this conclusion, and...
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Cases Argued and Determined in the Courts of Common Pleas & Exchequer ...

Great Britain. Court of Common Pleas - Law reports, digests, etc - 1833 - 916 pages
...that there must be no unreasonable or improper delay. Whether, in any particular case, there has been reasonable diligence used, or whether unreasonable...of each case. The judgment of the Court of Common Pleas in the case of Mailman v. D'Eguino (b) seems to us to lead directly to this conclusion, and to...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1833 - 1308 pages
...under all the circumstances of the case, and that there must be no unreasonable or improper delay. Whether there has been in any particular case, reasonable...is a mixed question of law and fact, to be decided i>v the jury acting under the direction of the Judge, upon the particular circumstances of each case....
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Commentaries on the Law of Bills of Exchange: Foreign and Inland, as ...

Joseph Story - Bills of exchange - 1847 - 704 pages
...Holder should, by too long a delay, throw the risk of the solvency of the Drawee upon the Drawer.1 " Whether there has been, in any particular case, reasonable...of each case. The judgment of the Court of Common Pleas, in the case of Muilman t>. D'Eguino, seems to us to lead directly to this conclusion, and to...
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Reports of Cases Argued and Determined in the Court of Appeals and ..., Volume 3

South Carolina. Court of Appeals, James Albert Strobhart - Law reports, digests, etc - 1849 - 672 pages
...J. said — "The general rule is recogniztd, that where the facts are contested, probable cause is a mixed question of law and fact, to be decided by the jury under the instructions and explanations of the presiding Judge." This was no obiter dictum, but was...
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Leading Cases in the Commercial Law of England and Scotland: Bills of ...

George Ross - Commercial law - 1853 - 932 pages
...under all the circumstances of the case, and that there must be no unreasonable or improper delay. Whether there has been in any particular case reasonable...of each case. The judgment of the Court of Common Pleas in the case of Muilman v. D'Eguino, seems to us to lead directly to this conclusion, and to no...
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A Treatise of the Law of Bills of Exchange: Promissory Notes, Bank-notes ...

John Barnard Byles - Negotiable instruments - 1853 - 664 pages
...time under all the circumstances of the case, and there must be no unreasonable or improper delay. Whether there has been, in any particular case, reasonable...the Judge, upon the particular circumstances of each case.(e) But where a bill, payable after sight, was drawn in duplicate on the 12th of August, in Newfoundland,...
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The Practice in Courts of Justice in England and the United States, Volume 2

Conway Robinson - Actions and defenses - 1855 - 884 pages
...This rule has been adopted in New York. Robinson v. Ames, 20 Johns. 150. In respect to such a bill, whether there has been in any particular case reasonable...decided by the jury acting under the direction of the court upon the particular circumstances of each case. SC ; Mellish v. Rawdon, 9 Bingh. 416, 23 Eng....
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The Banker's Common-place Book

Banks and banking - 1857 - 202 pages
...time under all the circumstances of the case, and there must be no unreasonable or improper delay. Whether there has been, in any particular case, reasonable...judge, upon the particular circumstances of each case." But where a bill, payable after sight, was drawn in duplicate on the 12th of August, in Newfoundland,...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 9

Iowa. Supreme Court - Law reports, digests, etc - 1860 - 688 pages
...Munn, 7 Conn. 333. IH. Whether there has been, in any particular case, reasonable diligence used, is a mixed question of law and fact, to be decided by...the jury, acting under the direction of the judge, under the particular circumstances of each case. The judge is to inform the jury, as to the degree...
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