Notice One of a Series of Lectures Especially Prepared for the Blackstone Insti
Notice One of a Series of Lectures Especially Prepared for the Blackstone Insti
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It has been held, for instance, that among circumstances which would put a party upon inquiry are : great inadequacy of price, close relationship, close intunacy, or business deal- ings (although it has been questioned whether mere relationship or intimacy, without any other circum- stances, will be sufficient). So, too, defective, or irregular, or improper recording of an instrument, ^'although clearly not a constructive notice under the statute, may be sufficient to put a purchaser upon inqui...ry, and so constitute actual notice. " But suppose a party receives a statement or com- munication wdiich, if it stood alone, would be actual notice, either direct or implied, but which is also accompanied by further statements which have a tendency to explain or nullify the effect of the earlier statements : may the party rely on the whole of the communication? or is he to be confined only to that part of it which shows, or tends to show, the exis- tence of some prior conflicting claim ? In such cases the courts have been guided by the following prin- ciple: if the only information as to the conflicting claim comes to the party from one who is an entire NOTICE 15 stranger to the transaction — one who has no inter- est of any kind in the matter — and this stranger also states that such conflicting claim has been aban- doned, or discharged, or that it no longer exists; then, it seems, the party may rely upon the entire statement, and unless there is some other fact which should indicate a special reason for believing the former part of the statement to the exclusion of the latter part, he is not ]3ut upon inquiry.
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To quickly assess the difficulty of the text, read a short excerpt:
It has been held, for instance, that among circumstances which would put a party upon inquiry are : great inadequacy of price, close relationship, close intunacy, or business deal- ings (although it has been questioned whether mere relationship or intimacy, without any other circum- stances, will be sufficient). So, too, defective, or irregular, or improper recording of an instrument, ^'although clearly not a constructive notice under the statute, may be sufficient to put a purchaser upon inqui...ry, and so constitute actual notice. " But suppose a party receives a statement or com- munication wdiich, if it stood alone, would be actual notice, either direct or implied, but which is also accompanied by further statements which have a tendency to explain or nullify the effect of the earlier statements : may the party rely on the whole of the communication? or is he to be confined only to that part of it which shows, or tends to show, the exis- tence of some prior conflicting claim ? In such cases the courts have been guided by the following prin- ciple: if the only information as to the conflicting claim comes to the party from one who is an entire NOTICE 15 stranger to the transaction — one who has no inter- est of any kind in the matter — and this stranger also states that such conflicting claim has been aban- doned, or discharged, or that it no longer exists; then, it seems, the party may rely upon the entire statement, and unless there is some other fact which should indicate a special reason for believing the former part of the statement to the exclusion of the latter part, he is not ]3ut upon inquiry.
What to read after Notice One of a Series of Lectures Especially Prepared for the Blackstone Insti?
You can find similar books in the "Read Also" column, or choose other free books by George Fitch Wells to read onlineMoreLess
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