 | Law reports, digests, etc - 1837 - 972 pages
...stopped by the Court.] LORD DENMAN, CJ — I offered to submit to the jury, as the question, whether fin' plaintiff had been guilty of gross negligence or not . I believe we are all agreed that gross negligence, though it may be evidence of mala fides, yet, not being the same thing,... | |
 | William Selwyn - Nisi prius - 1845 - 802 pages
...refused to disturb the verdict (d). But it is now clearly settled that gross negligence only is not a sufficient answer, where the party has given consideration for the bill; and that gross negligence may be evidence of mala jides, but is not the same thing (c); and that the... | |
 | Louisiana. Supreme Court - Law reports, digests, etc - 1849 - 814 pages
...fraud." But Lord Denman said : " I believe we are all of opinion that gross negligence only, wonld not be a sufficient answer, where the party has given...for the bill. Gross negligence may be evidence of maid ßdes, but is not the same thing. We have shaken off the last remnants of the contrary doctrine.... | |
 | Sir John Bayley - Bills of exchange - 1849 - 678 pages
...Plaintiff was thereupon nonsuited, but upon rule to set it aside Lord Denmau said the question he proposed to submit to the jury was, whether the plaintiff had been guilty of gross negligence or not. That the Court were all of opinion " that gross negligence only would not be a sufficient answer, where... | |
 | George Ross - Commercial law - 1853 - 932 pages
...HARBISON. Rule absolute for a new trial. In Goodman v. Harvey, 4 A. and E. 870, LORD DENMAN observed, — " I believe we are all of opinion, that gross negligence only would not be a sufficient answer where a party has given consideration for the bill. Gross negligence may be evidence of mala fides, but is... | |
 | John Barnard Byles - Negotiable instruments - 1853 - 664 pages
...have acted, unless his gross negligence induce the jury to find fraud. "I believe," says Lord Denman, "we are all of opinion that gross negligence only would not be a sufficient answer by the defendant where the plaintiff has given consideration for the bill. Gross negligence may be... | |
 | Ontario. Court of Common Pleas - Law reports, digests, etc - 1856 - 594 pages
...(4 A. & E. 870). Lord Denman, in making absolute a rule to set aside a nonsuit, said, "The question I offered to submit to the jury was, whether the plaintiff...or not. I believe we are all of opinion that gross negli--, gence only would not be a sufficient answer when the party has given consideration for the... | |
 | United States. Supreme Court - Law reports, digests, etc - 1858 - 676 pages
...a case in bank, on a rule nisi, which was made absolute. Lord Denman, in delivering judgment, said: "We are all of opinion that gross negligence only would not be a sufficient answer, where a party has given consideration for the bill; gross negligence may be evidence of mala fides, but it... | |
 | William Selwyn - Nisi prius - 1861 - 840 pages
...such assignee is entitled to payment (s). "I believe,'' said Lord Denman, in Arbovin v. Anderson, " we are all of opinion that gross negligence only would not be a sufficient answer by the defendant where the plaintiff has given consideration for the bill. Gross negligence may be... | |
 | Law reports, digests, etc - 1863 - 716 pages
...acted bond fide in taking the bill? Lord Denraan, in giving the judgment of the Court said : — " I believe we are all of opinion that " gross negligence only would not be a sufficient answer, when "the party has given consideration for the bill. Gross negligence " may be evidence of mala fides,... | |
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Juies, but it is not the same thing. We have shaken off the last remnant of the contrary doctrine. Where the bill has passed to the plaintiff, without any proof of bad faith in him, there is no objection to his title. 
