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14 California opinions name it 3 courts 1927–2013 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Consolidated Reservoir & Power Co. v. Scarboroughgreen2 sentences1969"The rule is well established that the means of knowledge is equivalent to knowledge, and that a party who has the opportunity of knowing the facts constituting the fraud of which he complains cannot be supine and inactive, and afterwards allege a want of knowledge that arose by reason of his own laches or negligence." ( Shain v. Sresovich (1894) 104 Cal. 402, 405 [ 38 P. 51 ]; Consolidated Reservoir & Power Co. v. Scarborough (1932) 216 Cal. 698, 701-702 [ 16 P.2d 268 ].) Thus, if a person has a duty to make inquiry, but unreasonably delays in conducting that inquiry which would reveal the fr 1969"The rule is well established that the means of knowledge is equivalent to knowledge, and that a party who has the opportunity of knowing the facts constituting the fraud of which he complains cannot be supine and inactive, and afterwards allege a want of knowledge that arose by reason of his own laches or negligence." ( Shain v. Sresovich (1894) 104 Cal. 402, 405 [ 38 P. 51 ]; Consolidated Reservoir & Power Co. v. Scarborough (1932) 216 Cal. 698, 701-702 [ 16 P.2d 268 ].) Thus, if a person has a duty to make inquiry, but unreasonably delays in conducting that inquiry which would reveal the fr | 2 | 2 |
Bennett v. Hibernia Bankgreen2 sentences1970He need only establish facts sufficient to show that he made an actual discovery of hitherto unknown information within three years before the filing of the action.” (Supra, at p. 442.) To the same effect is Bennett v. Hibernia Bank, 47 Cal.2d 540, 563 [ 305 P.2d 20 ]. 1970He need only establish facts sufficient to show that he made an actual discovery of hitherto unknown information within three years before the filing of the action.” (Supra, at p. 442.) To the same effect is Bennett v. Hibernia Bank, 47 Cal.2d 540, 563 [ 305 P.2d 20 ]. | 1 | 2 |
Hobart v. Hobart Estate Co.green2 sentences1967Thus, in Hobart v. Hobart Estate Co., 26 Cal.2d 412 , the court says at page 442 [ 159 P.2d 958 ]: “In the absence of a duty to make inquiry, as pointed out above, the statute does not run merely because the means of discovery were available, and plaintiff is not compelled to disprove that such means existed. 1967Thus, in Hobart v. Hobart Estate Co., 26 Cal.2d 412 , the court says at page 442 [ 159 P.2d 958 ]: “In the absence of a duty to make inquiry, as pointed out above, the statute does not run merely because the means of discovery were available, and plaintiff is not compelled to disprove that such means existed. | 1 | 2 |
Calhoun v. Hildebrandtgreen1 sentence2013(Calhoun v. Hildebrandt (1964) 230 Cal.App.2d 70, 72 [it is appellant’s burden to show affirmatively error on the record].) Further, while the Department had a duty to make inquiry and act on information it received, it did not have a duty to conduct an exhaustive search. | 1 | 1 |
Shain v. Sresovichgreen2 sentences1969"The rule is well established that the means of knowledge is equivalent to knowledge, and that a party who has the opportunity of knowing the facts constituting the fraud of which he complains cannot be supine and inactive, and afterwards allege a want of knowledge that arose by reason of his own laches or negligence." ( Shain v. Sresovich (1894) 104 Cal. 402, 405 [ 38 P. 51 ]; Consolidated Reservoir & Power Co. v. Scarborough (1932) 216 Cal. 698, 701-702 [ 16 P.2d 268 ].) Thus, if a person has a duty to make inquiry, but unreasonably delays in conducting that inquiry which would reveal the fr 1969"The rule is well established that the means of knowledge is equivalent to knowledge, and that a party who has the opportunity of knowing the facts constituting the fraud of which he complains cannot be supine and inactive, and afterwards allege a want of knowledge that arose by reason of his own laches or negligence." ( Shain v. Sresovich (1894) 104 Cal. 402, 405 [ 38 P. 51 ]; Consolidated Reservoir & Power Co. v. Scarborough (1932) 216 Cal. 698, 701-702 [ 16 P.2d 268 ].) Thus, if a person has a duty to make inquiry, but unreasonably delays in conducting that inquiry which would reveal the fr | 1 | 1 |
White v. Rosensteingreen2 sentences1965Insofar as the possession of the property by respondent’s mother is concerned, it is well settled that “the possession of the tenant is notice of his landlord’s title; that is to say, such possession is sufficient to put a person dealing with the property upon inquiry; and the law will charge him with notice of all those facts which he might have ascertained, had he pursued the inquiry with proper diligence.” (O’Rourke v. O’Connor, 39 Cal. 442, 446-447 ; White v. Ro *499 senstein, 8 Cal.App.2d 217, 223 [ 47 P.2d 358 ]; Manig v. Bachman, supra, pp. 221-222 .) Accordingly, “It is equally well se 1965Insofar as the possession of the property by respondent’s mother is concerned, it is well settled that “the possession of the tenant is notice of his landlord’s title; that is to say, such possession is sufficient to put a person dealing with the property upon inquiry; and the law will charge him with notice of all those facts which he might have ascertained, had he pursued the inquiry with proper diligence.” (O’Rourke v. O’Connor, 39 Cal. 442, 446-447 ; White v. Ro *499 senstein, 8 Cal.App.2d 217, 223 [ 47 P.2d 358 ]; Manig v. Bachman, supra, pp. 221-222 .) Accordingly, “It is equally well se | 1 | 1 |
Wood v. Carpentergreen2 sentences1945(See Consolidated R. & P. Co. v. Scarborough, 216 Cal. 698, 703-704 [ 16 P.2d 268 ]; cf. Phelps v. Grady, 168 Cal. 73, 77-78 [ 141 P. 926 ]; Wood v. Carpenter, 101 U.S. 135, 140 [ 25 L.Ed. 807 ]. [22] In the absence of a duty to make inquiry, as pointed out above, the statute does not run merely because the means of discovery were available, and plaintiff is not compelled to disprove that such means existed. 1945(See Consolidated R. & P. Co. v. Scarborough, 216 Cal. 698, 703-704 [ 16 P.2d 268 ]; cf. Phelps v. Grady, 168 Cal. 73, 77-78 [ 141 P. 926 ]; Wood v. Carpenter, 101 U.S. 135, 140 [ 25 L.Ed. 807 ]. [22] In the absence of a duty to make inquiry, as pointed out above, the statute does not run merely because the means of discovery were available, and plaintiff is not compelled to disprove that such means existed. | 1 | 1 |
Smith v. Armstronggreen2 sentences1945Assn. (1930), 211 Cal. 239, 241 [ 294 P. 1062 ]; Smith v. Armstrong (1927), 85 Cal.App. 624, 631 [ 260 P. 347 ]. [ 69 Cal.App.2d Supp. 809 ] [6] It has also been held that a purchaser is not charged with the duty to make inquiry by the fact alone that he had knowledge of the want of honesty in business matters of the party from whom he received the instrument. 1945Assn. (1930), 211 Cal. 239, 241 [ 294 P. 1062 ]; Smith v. Armstrong (1927), 85 Cal.App. 624, 631 [ 260 P. 347 ]. [ 69 Cal.App.2d Supp. 809 ] [6] It has also been held that a purchaser is not charged with the duty to make inquiry by the fact alone that he had knowledge of the want of honesty in business matters of the party from whom he received the instrument. | 1 | 1 |
Siebenhauer v. Bank of California National Ass'ngreen2 sentences1945Assn. (1930), 211 Cal. 239, 241 [ 294 P. 1062 ]; Smith v. Armstrong (1927), 85 Cal.App. 624, 631 [ 260 P. 347 ]. [ 69 Cal.App.2d Supp. 809 ] [6] It has also been held that a purchaser is not charged with the duty to make inquiry by the fact alone that he had knowledge of the want of honesty in business matters of the party from whom he received the instrument. 1945Assn. (1930), 211 Cal. 239, 241 [ 294 P. 1062 ]; Smith v. Armstrong (1927), 85 Cal.App. 624, 631 [ 260 P. 347 ]. [ 69 Cal.App.2d Supp. 809 ] [6] It has also been held that a purchaser is not charged with the duty to make inquiry by the fact alone that he had knowledge of the want of honesty in business matters of the party from whom he received the instrument. | 1 | 1 |
Phelps v. Gradygreen2 sentences1945(See Consolidated R. & P. Co. v. Scarborough, 216 Cal. 698, 703-704 [ 16 P.2d 268 ]; cf. Phelps v. Grady, 168 Cal. 73, 77-78 [ 141 P. 926 ]; Wood v. Carpenter, 101 U.S. 135, 140 [ 25 L.Ed. 807 ]. [22] In the absence of a duty to make inquiry, as pointed out above, the statute does not run merely because the means of discovery were available, and plaintiff is not compelled to disprove that such means existed. 1945(See Consolidated R. & P. Co. v. Scarborough, 216 Cal. 698, 703-704 [ 16 P.2d 268 ]; cf. Phelps v. Grady, 168 Cal. 73, 77-78 [ 141 P. 926 ]; Wood v. Carpenter, 101 U.S. 135, 140 [ 25 L.Ed. 807 ]. [22] In the absence of a duty to make inquiry, as pointed out above, the statute does not run merely because the means of discovery were available, and plaintiff is not compelled to disprove that such means existed. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tarke v. Bingham
green
2 sentences1947(Tarke v. Bingham, 123 Cal. 163 [ 55 P. 759 ].) So where a plaintiff is under a duty to make inquiry concerning the existence of facts upon which he claims the fraud is based and inquiry would reveal those facts, he is charged with knowledge of their existence. 1942In Tarke v. Bingham (1898), 123 Cal. 163 [ 55 Pac. 759 ], at 166, the court, after quoting section 19 of the Civil Code, said: “But the converse of the proposition is equally true. | 2 | 1942–1947 |
Bernheim v. Cerf
green
2 sentences1947(Tarke v. Bingham, 123 Cal. 163 [ 55 P. 759 ].) So where a plaintiff is under a duty to make inquiry concerning the existence of facts upon which he claims the fraud is based and inquiry would reveal those facts, he is charged with knowledge of their existence. 1942In Tarke v. Bingham (1898), 123 Cal. 163 [ 55 Pac. 759 ], at 166, the court, after quoting section 19 of the Civil Code, said: “But the converse of the proposition is equally true. | 2 | 1942–1947 |
Fortier v. McRae
green
2 sentences1945(Smith v. Armstrong, supra, p. 631 .) But with other circumstances it may show bad faith. “. . . [I]t has been held that a purchaser who acquired a note without making an investigation, notwithstanding he knew that the seller was hard pressed and was an embezzler laboring under an expectation of a criminal prosecution, was chargeable with notice that the seller held the note as trustee.” (10 C.J.S. 837, par. 335, citing Bergheim v. McRae, 190 Minn. 571 [ 252 N.W. 833 ].) The trial court was warranted by the evidence in concluding that the defendant either knew or should have known that at leas 1945(Smith v. Armstrong, supra, p. 631 .) But with other circumstances it may show bad faith. “. . . [I]t has been held that a purchaser who acquired a note without making an investigation, notwithstanding he knew that the seller was hard pressed and was an embezzler laboring under an expectation of a criminal prosecution, was chargeable with notice that the seller held the note as trustee.” (10 C.J.S. 837, par. 335, citing Bergheim v. McRae, 190 Minn. 571 [ 252 N.W. 833 ].) The trial court was warranted by the evidence in concluding that the defendant either knew or should have known that at leas | 2 | 1945–1945 |
Sacramento County Department of Health and Human Services v. N.Y.
green
1 sentence2013(In re C.Y. (2012) 208 Cal.App.4th 34, 41 .) That the record is silent regarding whether the Department spoke with or attempted to contact the maternal grandfather does not necessarily mean the Department failed to make an adequate inquiry for Indian heritage information. | 1 | 2013–2013 |
Pacific Finance Corp. v. Bank of Yolo
green
2 sentences1978Relying upon the principle of Pacific Finance Corp. v. Bank of Yolo (1932) 215 Cal. 357 [ 10 P.2d 68 ], reaffirmed in Pacific Indemnity Co. v. Security First Nat. 1978Relying upon the principle of Pacific Finance Corp. v. Bank of Yolo (1932) 215 Cal. 357 [ 10 P.2d 68 ], reaffirmed in Pacific Indemnity Co. v. Security First Nat. | 1 | 1978–1978 |
Hunter v. Watson
green
1 sentence1965Insofar as the possession of the property by respondent’s mother is concerned, it is well settled that “the possession of the tenant is notice of his landlord’s title; that is to say, such possession is sufficient to put a person dealing with the property upon inquiry; and the law will charge him with notice of all those facts which he might have ascertained, had he pursued the inquiry with proper diligence.” (O’Rourke v. O’Connor, 39 Cal. 442, 446-447 ; White v. Ro *499 senstein, 8 Cal.App.2d 217, 223 [ 47 P.2d 358 ]; Manig v. Bachman, supra, pp. 221-222 .) Accordingly, “It is equally well se | 1 | 1965–1965 |
Pell v. McElroy
green
1 sentence1965Insofar as the possession of the property by respondent’s mother is concerned, it is well settled that “the possession of the tenant is notice of his landlord’s title; that is to say, such possession is sufficient to put a person dealing with the property upon inquiry; and the law will charge him with notice of all those facts which he might have ascertained, had he pursued the inquiry with proper diligence.” (O’Rourke v. O’Connor, 39 Cal. 442, 446-447 ; White v. Ro *499 senstein, 8 Cal.App.2d 217, 223 [ 47 P.2d 358 ]; Manig v. Bachman, supra, pp. 221-222 .) Accordingly, “It is equally well se | 1 | 1965–1965 |
O'Rourke v. O'Connor
green
1 sentence1965Insofar as the possession of the property by respondent’s mother is concerned, it is well settled that “the possession of the tenant is notice of his landlord’s title; that is to say, such possession is sufficient to put a person dealing with the property upon inquiry; and the law will charge him with notice of all those facts which he might have ascertained, had he pursued the inquiry with proper diligence.” (O’Rourke v. O’Connor, 39 Cal. 442, 446-447 ; White v. Ro *499 senstein, 8 Cal.App.2d 217, 223 [ 47 P.2d 358 ]; Manig v. Bachman, supra, pp. 221-222 .) Accordingly, “It is equally well se | 1 | 1965–1965 |
Lady Washington Consolidated Co. v. Wood
green
2 sentences1956Co. v. Wood, 113 Cal. 482 [ 45 P. 809 ].) Where there is a duty to investigate, the plaintiff may be charged with knowledge of the facts which would have been disclosed by an investigation; but where there is no prior duty to investigate, the statute does not run until he has notice or knowledge of fa'cts sufficient to put a reasonable man on inquiry. ‘In the absence of .a duty to make inquiry, as pointed out above, the statute does not run merely because the means of discovery were available, and plaintiff is not compelled to' disprove that such means existed. 1956Co. v. Wood, 113 Cal. 482 [ 45 P. 809 ].) Where there is a duty to investigate, the plaintiff may be charged with knowledge of the facts which would have been disclosed by an investigation; but where there is no prior duty to investigate, the statute does not run until he has notice or knowledge of fa'cts sufficient to put a reasonable man on inquiry. ‘In the absence of .a duty to make inquiry, as pointed out above, the statute does not run merely because the means of discovery were available, and plaintiff is not compelled to' disprove that such means existed. | 1 | 1956–1956 |
Smith v. Yule
green
1 sentence1942A purchaser of land, in possession of a lessee who was not asked about his interests in the demised premises, is bound by all of the equities enforceable by the lessee against the vendor. ’ ’ Although in the instant case the lessee was not in possession of the property the lessor’s knowledge of the lease had the same result as possession, since, as pointed out above, the two circumstances are equally effective in imposing on a prospective purchaser the duty to make inquiry. *751 Respondents cite and rely on the case of Smith v. Yule, 31 Cal. 180 [ 89 Am. | 1 | 1942–1942 |
Vaughan v. Brandt
neutral
2 sentences1927It has also been held that a purchaser is not charged with the duty to make inquiry by the fact alone that he had knowledge of the indorser’s want of honesty in business matters (Sitzer v. Deal, 135 N. C. 428 [ 47 S. E. 466 ] ; Vaughan v. Brandt, 21 Idaho, 628 [ 123 Pac. 591 ]); and while the fact that a transferee of negotiable paper purchases it for a sum less than its face value may be considered as other facts in the case upon the question of good faith, yet in order to constitute him a holder in due course it is not necessary that the price should equal the face value of the note (Schoen 1927It has also been held that a purchaser is not charged with the duty to make inquiry by the fact alone that he had knowledge of the indorser’s want of honesty in business matters (Sitzer v. Deal, 135 N. C. 428 [ 47 S. E. 466 ] ; Vaughan v. Brandt, 21 Idaho, 628 [ 123 Pac. 591 ]); and while the fact that a transferee of negotiable paper purchases it for a sum less than its face value may be considered as other facts in the case upon the question of good faith, yet in order to constitute him a holder in due course it is not necessary that the price should equal the face value of the note (Schoen | 1 | 1927–1927 |
Foy v. Winston.
neutral
1 sentence1927It has also been held that a purchaser is not charged with the duty to make inquiry by the fact alone that he had knowledge of the indorser’s want of honesty in business matters (Sitzer v. Deal, 135 N. C. 428 [ 47 S. E. 466 ] ; Vaughan v. Brandt, 21 Idaho, 628 [ 123 Pac. 591 ]); and while the fact that a transferee of negotiable paper purchases it for a sum less than its face value may be considered as other facts in the case upon the question of good faith, yet in order to constitute him a holder in due course it is not necessary that the price should equal the face value of the note (Schoen | 1 | 1927–1927 |
Setzer v. Deal.
neutral
1 sentence1927It has also been held that a purchaser is not charged with the duty to make inquiry by the fact alone that he had knowledge of the indorser’s want of honesty in business matters (Sitzer v. Deal, 135 N. C. 428 [ 47 S. E. 466 ] ; Vaughan v. Brandt, 21 Idaho, 628 [ 123 Pac. 591 ]); and while the fact that a transferee of negotiable paper purchases it for a sum less than its face value may be considered as other facts in the case upon the question of good faith, yet in order to constitute him a holder in due course it is not necessary that the price should equal the face value of the note (Schoen | 1 | 1927–1927 |
Schoen v. Houghton
neutral
1 sentence1927It has also been held that a purchaser is not charged with the duty to make inquiry by the fact alone that he had knowledge of the indorser’s want of honesty in business matters (Sitzer v. Deal, 135 N. C. 428 [ 47 S. E. 466 ] ; Vaughan v. Brandt, 21 Idaho, 628 [ 123 Pac. 591 ]); and while the fact that a transferee of negotiable paper purchases it for a sum less than its face value may be considered as other facts in the case upon the question of good faith, yet in order to constitute him a holder in due course it is not necessary that the price should equal the face value of the note (Schoen | 1 | 1927–1927 |
Kent v. Barnes
neutral
1 sentence1927It has also been held that a purchaser is not charged with the duty to make inquiry by the fact alone that he had knowledge of the indorser’s want of honesty in business matters (Sitzer v. Deal, 135 N. C. 428 [ 47 S. E. 466 ] ; Vaughan v. Brandt, 21 Idaho, 628 [ 123 Pac. 591 ]); and while the fact that a transferee of negotiable paper purchases it for a sum less than its face value may be considered as other facts in the case upon the question of good faith, yet in order to constitute him a holder in due course it is not necessary that the price should equal the face value of the note (Schoen | 1 | 1927–1927 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.