United States Trust Co. v. David

Citations

• 36 App. D.C. 549
• 1911 U.S. App. LEXIS 5612

Syllabus

<p>Evidence; Notice; Neglisicnce; Equity; Mistake; Appeal and Error.</p> <p>1. A paper which expressly refers to another paper within the power of the party gives notice of the contents of such other paper.</p> <p>2. Whatever is notice enough to excite attention and put a party on liis guard and call for inquiry is notice of everything to which snch inquiry might have led. When a person has sufficient information to lead him to a fact, he is to be deemed conversant of it.</p> <p>3. Where a mistake is the result of a party’s carelessness and inattention, a court of equity will not grant him relief against its effect.</p> <p>4. A bank to which the receiver of an insolvent corporation presents his order of appointment containing the title and number of the cause in which he was appointed receiver, with a demand for the transfer to himself of the deposit of the corporation, has constructive notice of the contents of the bill of complaint in such cause; and if the bank, after two days’ delay for purposes of investigation, makes the transfer, it cannot thereafter recover from the receiver the money so transferred to him, on the ground that it was paid under mistake ■ of fact; especially where the facts upon which it relies are set forth in the bill in equity.</p> <p>5. An assignment of error presenting a moot question only will not be passed upon.</p>