T. Ratto & Co. v. St. Paul's L. & M. Ins.

Opinion by

Will-son, J.

§ 117. Fraud; notice of; burden of proof; proof of findings of fact by judge. Appellants alleged fraud in the transfer of certain policies of insurance. There was positive evidence that the transfer was bona fide, for a valuable consideration, and without actual notice to 'the purchaser of any fraudulent intent on the part of the seller. Appellants contended, however, that the purchaser had constructive notice of such fraudulent intent, in that he had knowledge, or might have obtained such knowledge by the use of ordinary diligence, of facts sufficient to constitute such…