...necessary for the trial court to pass upon, and to determine whether the defendant did or did not have actual notice of circumstances sufficient to put a prudent man upon inquiry as to the fact of the existence of the prior mortgage, of which he might have learned by prosecuting such...

...notir« is notice imputed to a person not having actual notice;" and that "every person who hasndunl notice of circumstances sufficient to put a prudent...diligence, is deemed to have constructive notice of the fart itself." Civ. Code, ísí 2107, 2108. 2109; Dak. Сотр. Laws, ^ 4741, 4742, 4713. In view of...

...make its act in paying the check to him an act of bad faith. Section 5118, Rev. Codes, provides that "every person who has actual notice of circumstances...deemed to have constructive notice of the fact itself." The plaintiff nad deposited this money only the day before. ' jvlovius admits that he knew Maxwell...

...act in paying the check to him an act of bad faith. Section 5118 of the Revised Codes provides that "every person who has actual notice of circumstances...prudent man upon inquiry as to a particular fact and who ornits to make such inquiry with reasonable diligence is deemed to have constructive notice of the...

...inquiry. "Constructive notice" is notice imputed by the law to a person not having actual notice, and every person who has actual notice of circumstances...deemed to have constructive notice of the fact itself. Kansas Moline Plow Co. v. Sherman, '41 Pac. 623, 626, 3 Okl. 204, 32 LRA 33; Gress v. Evans, 46 NW...

...to actual and constructive notice io this territory, and which provides that (Stat. 1893, p. 2678) "every person who has actual notice of circumstances...man upon inquiry as to a particular fact, and who omils to make such inquiry with reasonable diligence, is deemed to have constructive notice of the...

...conveyance is first duly recorded." (Section 1641, Civil Code.) One section appears in two Codes : "Every person who has actual notice of circumstances...prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself, in all cases in which, by prosecuting such inquiry, he...

...Smith, 13 Pick. 116, 28 Am. Dec. 670: Jackson v. Sharp, 14 Johns. 478; Dupont v. Wertheman, supra. Every person who has actual notice of circumstances...a prudent man upon inquiry as to a particular fact has constructive cotice of the fact itself, in all cases in which by prosecutiug such inquiry he might...

...whose conveyance is first duly recorded": Civ. Code, sec. 1641. One section appears in two codes : "Every person who has actual notice of circumstances...prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself, in all cases iri which, by prosecuting such inquiry, he...

...tho court drew the conclusion " that the corporation plaintiff, itit managers and other officers, had actual notice of circumstances sufficient to put a prudent man upon inquiry as to the contents of the code of by-laws of the corporation defendant herein." The only circumstances, however,...