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Knowledge

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

1.

A being aware of: information, cognizance; notice. Absolute knowledge can be had of few things.^ 1 1 Bl. Com. 246; 2 id.

243; 3 id. 254; 4 id. 32.

2 Langford v. United States, 101 U. S. 343 (1879). =1 Virginia Coupon Cases, 114 U. S. 290 (1885). * In 1554, married Philip of Spain; hence, Philip and Mary, 1554-58. ^ Ascended the throne in 1C60; his regnal years are counted from' 1649 — when Charles I died.

1^, Normans; 5-12, Plantagenets; 13-15, House of Lancaster; 16-18, House of York; 19-83, House of Tudor; 24-25, 87-31, House of Stuart; 32-37, House of Hanover.

Kno-wledge and belief.

Nothing more than firm belief

Belief applies to the impression on the memory. The difference Is in degree.i See further Belief.

Personal knowledge

Actual knowledge of the truth or falsity of a matter, not derived from another person.^ An affidavit filed in an application tor a change of venue, alleging that the defendant had not th6retof ore " full knowledge " of a particular fact, was held to be too indefinite, as an averment. "Full knowledge might never come to him; but he had knowledge, and, for aught that appears, it might have been sufficient to satisfy his mind." ' Knowledge is imputed from a duty to exercise ordinary care. Inquiry is a moral duty where the circumstances are such that a person of ordinary prudence would refuse to act.* One who has reason to believe that a fact exists knows that it exists.* Where there is enough to put one concerned upon Inquiry, the means of knowledge and knowledge itself are, in legal effect, the same thing." When a party is about to perform an act which he has reason to believe may af Eect the rights of third persons, an inquiry as to the facts is a moral duty, and di Ugence an act of justice. Whatever fairly puts a party upon inquiry in such case is sufficient notice in equity, where the means of knowledge are at hand; and, if he omits to inquire and proceeds to act, he does so at his peril, as he is then chargeable with all the facts which by a proper inqmry he might have ascertained.' Knowledge of facts which will enable a party to take effectual action is implied in such terms as " acquiescence," "estoppel," "waiver,"' 33. v. Equal knowledge on both sides makes contracting parties equal. Information in the agent is information in the principal;» but not so, it professional confidence would be 1 Hatch V. Carpenter, 7 Gray, 374 (1867).

See Hardson V. Beard, 30 Kan. 533 (1883). ' See West v. Home Ins. Co., 18 F. E. 622 3 Mc Cann v. People, 88 111. 105 (1878). Compare White V. Murtland, 71 id. 259 (1874); Roberts v. People, 9 Col. 4B3 (1886). « Lawrence v. Dana, 4 Cliff. 68-89 (1869), cases. ' Shaw V. North Pennsylvania R. Co., 101 U. S. 566 (1879). « Jones V. Guaranty, &o. Co., 101 V. S. 633 (1879), Swayne, J.; Hoyt,;. Sprague, 103 id. 637 (1880); Goodman V. Simonds, 20 How 367 (1857). ' Angle V. N. W. Mutual Life Ins. Co., 92 U. S. 342 (1875) cases, aiflord, J. See also Commissioners of Leavenworth Co. v. Chicago, &o. R. Co., 18 F. R. 210 (1883)- Martin v. Smith, 1 DUl. 90 (1870), cases; Filmore V. Eeithman, 6 Col. 129 (1881), cases; Efflngar v. Hall, 81 Va. 106 (1386), cases.

8 Pence v. Langdon, 99 U. S. 581 (1878), Swayne, J. betrayed, as, between an attorney and hisclient." See further Agent. Knowingly. Imports thit an accused person knew what he was about to do, and with such knowledge proceeded to commit the offense charged.

2 Known; unknown.

In the laws of taxation and seizures of property, apply to owners whose residence is, and is not, known.

See Notice, 1. See Fraud; Guilty; Ignorance; Ignore; Information, 1; Innocence; Inquiry; Intent; Permit; Eepre-