3. Actual notice consists in express information of a fact; a person is deemed to have notice of a fact when he has actual notice of circumstances sufficient to put a prudent man upon inquiry as to the existence of such fact, and who omits to make inquiry.
4. For the reasons stated in the opinion, it is held, that it was error to withdraw testimony from the consideration of the jury tending to show constructive notice of the agreement that title to the furnace should not pass to the vendee, plaintiff's grantor, until after satisfactory trial of the plant.
Appeal from the District Court of Pembina County, N. Dak., Hon. C. W. Buttz, J.
Opinion of the Court by Johnson, J.
Affirmed.
J. E. Garvey, Cavalier, N. D., Attorney for Appellant; H. C. DePuy, Grafton, N. D., of Counsel.
Thomas D. Stack, Walhalla, N. D., and Gray & Myers, Grafton, N. D., Attorneys for Respondent.
LEGISLATIVE RECOMMENDATIONS APPROVED BY ANNUAL MEETING
Criminal Law
- More ample contingent funds for State's Attorneys.
- Number and proportion of peremptory challenges.
- Appellate procedure in criminal cases.
- Appointment of disinterested alienists in cases where question of insanity arises.
- Venue in bastardy cases.
- Making conspiracy to commit a crime a felony.
- Amendment of criminal statutes to check auto thefts.
- Jail sentences as a minimum in grand larceny and increase of maximum penalty.
- More stringent vagrancy statute.
- Criminal prosecution of collectors using "fake summons."
- Permit filing of information when a criminal is a fugitive, regardless of whether or not required for extradition.
- Requiring prisoners in jails to work on highways.
Judicial
Establishment of a Judicial Council, consisting of: Chief Justice of Supreme Court as Chairman, one Judge from each Judicial District to be appointed by the Governor, and the President and the Secretary of the State Bar Association. Such Council would be charged with the duty of ascertaining the state of judicial business, gathering statistical information regarding the work of the courts, examining rules of procedure, suggesting changes in administration, studying work of law enforcement officials and suggesting improvement, equalizing trial work, revising rules, and considering complaints against courts and their officers.
