Public-domain · open source
OpenJurist

Advertisement

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

Information or knowledge communicated to individuals or the pub- A notice published in handbills, placards, a. newspaper, etc.; cited in Darst v. Doom, 38 111.

App. 397.

The law in many instances requires parties to advertise in order to give notice of acts which are to be done; in these the advertisement is in general equivalent to notice. But there are cases in which such notice is not sufficient, unless brought home to the actual knowledge of the party. Thus, notice of the dissolution of partnership by advertisement in a newspaper printed in the place where the business is carried on, although it is of itself notice to all persons who have had no previous dealings with the firm, yet is not notice to those who have had such previous dealings; it must be shown that persons of the latter class have received actual notice; Watkinson v. Bank, 4 Whart. (Pa.) 484, 34 Am. Dec. 521.

See Vernon v. Manhattan Co., 17 Weud. (N. Y.) 526; id., 22 Wend. (N. Y.) 183; Lind. Part. ♦222; Mauldin v. Bank, 2 Ala. 502; Hutchins v. Bank, 8 Humphr. (Tenn.) 418; 3 Bingh. 2.

It has been held that the printed conditions of a line of public coaches are sufficiently made known to passengers by being posted up at the place where they book their names; Whitesell v. Crane, 8 W. & S. (Pa.) 373; 3 Esp. 271. An advertisement by a railroad corporation in a newspaper in the English language of a limitation of its liability for baggage is not notice to a passenger who does not understand English; Camden & A. R. Co. v. Baldauf, 16 Pa. 68, 55 Am. Dec. 481. An ordinary advertising sheet is not a newspaper for the purpose of advertisement as required by law, and when notice is required to 6e published in two newspapers, English papers are presumed to be intended; Tyler v. Bowen, 1 Pittsb. (Pa.) 225; the posting up of a page of a newspaper, containing a large number of separate advertisements, will not be considered a handbill; Clark v. Chambers, 1 Pittsb. (Pa.) 224. When an advertisement contains the terms of sale, or description of the property to be sold, it will bind the seller. Advertisements published bona fide for the apprehension of a person suspected of crime, or for the prevention of fraud, are privileged; Heard, Lib. & Sland. § 131. A sign-board, at a person's place of business, giving notice of lottery-tickets being for sale there, is an "advertisement"; Com. v. Hooper, 5 Pick. (Mass.) 42. See Notice; Flag.