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NOTICE

Categories: Procedure

Definition (1910 Edition)

derstood an informal minute or memorandum made on the spot. See Clason vy. Bailey, 14

by direct information, either written or oral, from those who are cognizant of the fact_communicated. Baltimore v. Whittington, 78 Md. 231, 27 Atl. 984. Implied notice is one of the varieties of actual notice (not constructive) and is distinguished from “express” actual notice. It is notice inferred or imputed to a party by reason of his knowledge of facts or circumstances collateral to the main fact, of such a character as to put him upon inquiry, and which, if the inquiry were followed up with due diligence, would lead him definitely to the knowledge of the main fact. Rhodes v. Outcalt, 48 Mo. 370; Baltimore v. Whittington, 78 Md. 231, 27 Atl. 984; Wells v. Sheerer, 78 Ala. 147. Or as otherwise defined, implied notice may be said to exist where the fact in question lies open to the knowledge of the party, so that the exercise of reasonable observation and watchfulnss would not fail to apprise him of it, although no one has told him of it in so many Wilder See Philadelphia v. Smith (Pa.) 16 t .
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.