 I believe we are all of opinion that gross negligence only would not be a sufficient answer where the party has given consideration for the bill. Gross negligence may be evidence of mala fides, but it is not the same thing. We have shaken off the last...  Albany Law Journal - Página 3541871Visualização integral - Acerca deste livro
 | 1837 - 972 páginas
...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 - 1845 - 802 páginas
...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... | |
 | William Paley - 1847 - 732 páginas
...nonsuited, a new trial was granted, on the motion for which, the Chief Justice, Lord Denman, observed : " The question I offered to submit to the jury was, whether the plaintiffhad been guilty of gross negligence or not. 1 believe we are all of opinion, that gross negligence... | |
 | Louisiana. Supreme Court - 1849 - 814 páginas
...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 - 1849 - 678 páginas
...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 - 1853 - 932 páginas
...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 - 1853 - 664 páginas
...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 - 1856 - 594 páginas
...Goodman v. Harvey (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,...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 - 1858 - 676 páginas
...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 - 1861 - 840 páginas
...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... | |
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