...the principle, and held, that if an endorsee takes a bill heedlessly, and without due caution, and under circumstances which ought, to have excited the suspicions of a prudent and careful man, the maker or acceptor may be let in to his defence. It was deemed material for the interests of trade,...

...1st, whether the plaintiff had given value for the bill, of which there could be no doubt; and, 2dly, whether he took it under circumstances which ought to have excited the suspicion of a prudent and careful man. If they thought that he had taken the bill under such circumstances,...

...be taken into consideration by the jury, in determining whether the defendant had taken the cheque under circumstances which ought to have excited the suspicions of a prudent man. And Littledale, 3. added, " it has been urged as matter of law, that a party taking a cheque overdue...

...consideration. Hopkins v. The Railroad Company, 3 W. & S.410. 103. If an endorsee takes a note heedlessly and under circumstances which ought to have excited "the suspicions of a prudent arid careful man, the maker or endorser may be let into his defence: much more, if there is ground...

...mala fides in the holder, but it will be sufficient for him to prove that the holder took the note under circumstances which ought to have excited the suspicions of a prudent and careful man. 2. That if it be necessary to prove that the holder took the note mala fides, then one taking a note,...

...discounted it. On the evidence it was contended plaintiff had not used due caution, and had taken the bill under circumstances which ought to have excited the suspicions of a prudent man. Lord Denraan, CJ, told the jury to find for plaintiff, if they thought he had not been guilty...

...justice, stated that ' the law was well settled, that if an indorsee take a Bill without due caution, and under circumstances which ought to have excited the suspicions of a prudent and careful man, the maker, acceptor, or prior indorser, may be let into his defence;' and he referred, among other cases,...

...against prior equities of the antecedent parties to the bilj, where it was taken without inquiry, and under circumstances which ought to have excited the suspicions of a prudent and careful man. Such was certainly the general scope of the instruction, especially its second proposition ; and such,...

...if an indorsee takes a bill heedlessly, and without due cantion, and under circumstanccs which *82 ought to have excited the suspicions *of a prudent and careful man, the maker or acceptor may be let in to his defence. It was deemed material for the interests of trade,...

...well settled law that if the indorsee of a note takes it in bad faith, or without due caution, and under circumstances which ought to have excited the suspicions of a prudent and careful man, the maker may be let in to his defence. And the referee having found affirmatively that "the plaintiffs...