Imputed Knowledge

380 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Elfriede Eitel v. Schmidlapp
  459 F.2d 609· 4th Cir.· 1972-05-02 ·cited 6×
  The court held that the defendant was not an innocent purchaser for value because his agent's knowledge of fraud was imputed to him, and thus the plaintiff was entitled to reconveyance of the land.
• ST. Petersburg Bank & Tr. Co. v. Boutin
  445 F.2d 1028· 5th Cir.· 1971-06-24 ·cited 6×
  The SBA was discharged from its first loan guaranty due to the Bank's material increase of risk by pledging set-aside securities for non-guaranteed loans. However, the SBA remained liable on the second guaranty because its own examination should have revealed the securities' abse
• The Dist. OF Columbia Armory Bd. v. Volkert
  402 F.2d 215· D.C. Cir.· 1968-09-06 ·cited 6×
  The court held that the three-year statute of limitations for injury to real property applies, even when the claim arises from a sealed instrument, because the primary purpose of the action is to recover for property damage.
• Johnson v. Harris
  188 So. 2d 888· Fla. 1st DCA· 1966-07-26 ·cited 6×
  An election code enforcement case where a candidate for County Commissioner and his campaign treasurer were sued for allegedly failing to properly report and account for campaign expenditures. The trial court dismissed the complaint after finding the plaintiff failed to prove by
• Badhwar v. The Colo. Fuel & Iron Corp.
  245 F.2d 903· 2d Cir.· 1957-05-29 ·cited 6×
  The court held that the seller did not breach its C.I.F. contract by selecting a ship that was subsequently delayed by a strike, as the seller acted in good faith and could not have reasonably foreseen the extent of the delay.
• Voris v. Eikel
  200 F.2d 724· 5th Cir.· 1952-12-17 ·cited 6×
  The court held that knowledge of an injury by a foreman, who has a duty to report it, is imputed to the employer for the purposes of the Federal Longshoremen's and Harbor Workers' Compensation Act.
• Waite v. Second Nat. Bank of Belvidere
  168 F.2d 984· 7th Cir.· 1948-07-01 ·cited 6×
  The court held that the bank had reasonable cause to believe the bankrupt was insolvent when it accepted payments, but erred in awarding interest from the date of transfer rather than from the date of demand or commencement of suit.
• United States v. VAN Riper
  154 F.2d 492· 3d Cir.· 1946-03-21 ·cited 6×
  A corporation can be held liable for the illegal acts of its manager, even if officers were ignorant, if the manager acted within the scope of their authority.
• Anderson v. Gen. Am. Life Ins. Co.
  141 F.2d 898· 6th Cir.· 1944-04-07 ·cited 6×
  The court held that the insurance company was a bona fide holder in due course of the certificates of deposit and was not bound by the bank's side-agreements with Caldwell, as Caldwell's knowledge was not imputable to the insurer and the bank had participated in fraud.
• United States v. First Nat. Bank of Chicago
  138 F.2d 681· 7th Cir.· 1943-11-18 ·cited 6×
  The court held that the government, as drawee, is chargeable with knowledge of the payee's death when its agencies received notice, and failure to promptly notify the collecting bank of the forgery after learning of the death, especially when prior endorsers became insolvent due
• Jdi Holdings, LLC v. Jet Mgmt., Inc.
  732 F. Supp. 2d 1205· N.D. Fla.· 2010-08-06 ·cited 5×
  The court found that the seller and broker did not conspire to conceal defects, and the buyer's misunderstanding of the contract terms, rather than fraudulent concealment, led to the dispute.
• Fisher v. First Stamford Bank & Tr. Co.
  751 F.2d 519· 2d Cir.· 1984-12-20 ·cited 5×
  The court held that a stock option contract was enforceable despite the principal officer's initial lack of authority, as the board's ratification could be inferred and the plaintiff's full performance removed the agreement from the Statute of Frauds.
• Mercury Ins. Co. OF Fla. v. Markham
  36 So. 3d 730· Fla. 1st DCA· 2010-04-20 ·cited 4×
  Mercury Insurance appealed a trial court's grant of partial summary judgment against it for wrongfully refusing to defend an insurance claim based on alleged material misrepresentation. The court reversed, finding that the insurance application question asking whether a vehicle w
• C.L. Whiteside & Assocs. Constr. Co., Inc. v. The Landings Joint Venture
  626 So. 2d 1051· Fla. 4th DCA· 1993-11-10 ·cited 4×
  C.L. Whiteside & Associates Construction Co., a subcontractor, challenged a summary judgment dismissing its mechanic's lien claim for failure to provide notice to the property owner. The court reversed, holding that questions of common identity between owner and general contracto
• Merritt SEA Wall & Amerisure/Michigan Mut. Ins. Co. v. Revels
  594 So. 2d 855· Fla. 1st DCA· 1992-03-02 ·cited 4×
  The court held that the employer/carrier's argument regarding preclaim benefits was not preserved for appeal, but the award of attendant care benefits to the claimant's spouse must be modified to reflect statutory changes in compensation rates.
• Adair State Bank v. Am. Cas. Co. OF Reading
  949 F.2d 1067· 10th Cir.· 1991-11-25 ·cited 4×
  The court held that the knowledge of bank officers who participated in or colluded with a check-kiting scheme could not be imputed to the bank for purposes of timely notice under the fidelity bond, and that the policy did not terminate upon their discovery of the scheme.
• Fullmer v. Wohlfeiler & Beck
  905 F.2d 1394· 10th Cir.· 1990-06-12 ·cited 4×
  The court held that a client's negligence is a defense to an accountant's malpractice claim only if it contributes to the accountant's failure to perform their work or to furnish accurate information, not merely if the client was imprudent in business dealings.
• Schueler v. Garnet Franke and Penelope T. Salsbury
  522 So. 2d 904· Fla. 2d DCA· 1988-03-02 ·cited 4×
  A grantee who knows a deed is defectively witnessed and acknowledged cannot rely on that deed to estop the grantor from denying its validity.
• Speer v. Ottaway Newspapers, Inc.
  828 F.2d 475· 8th Cir.· 1987-09-09 ·cited 4×
  A newspaper is not liable for libel based on a reporter's knowledge if the reporter was treated solely as an outside source and had no responsibility for the publication of the editorial, nor if those responsible for publication did not act with actual malice.
• O'Donnell v. CBS, Inc.
  782 F.2d 1414· 7th Cir.· 1986-02-04 ·cited 4×
  The court held that the plaintiff failed to present evidence of falsity in the announcement of his dismissal and that his privacy claim failed due to his secretary's consent to access his files. Therefore, summary judgment for the defendant was affirmed.
• Inryco, Inc. v. CGR Bldg. Sys., Inc.
  780 F.2d 879· 10th Cir.· 1986-01-02 ·cited 4×
  The court held that the Reimans, as shareholders, could be held personally liable for corporate debt because the corporation was inadequately capitalized at incorporation and the agent who knew of the incorporation had adverse interests to the principal.
• United States v. Mark Twain Bank-Kansas City
  771 F.2d 361· 8th Cir.· 1985-08-21 ·cited 4×
  The court affirmed the judgment against 2001 Computerized Consultants, Inc., finding it was not a holder in due course, but remanded for further factual findings regarding Arthur Selectman's status.
• In re Hartman Paving, Inc. v. Hartman Paving, Inc.
  745 F.2d 307· 4th Cir.· 1984-10-02 ·cited 4×
• Johnson v. AETNA Cas. & Sur. Co. & R.G. Bond & Assocs., Ltd.
  448 So. 2d 1056· Fla. 4th DCA· 1984-03-14 ·cited 4×
  The court held that the trial court erred in excluding evidence of an insurance company's knowledge of a policyholder's new address and in granting a directed verdict for the insurance agent.
• Poling v. Peter R. Rylance, Inc.
  388 So. 2d 353· Fla. 4th DCA· 1980-10-01 ·cited 4×
  The appellate court affirmed a lower court's decision, holding that an employer is not liable for injuries caused by an employee's dog brought to the worksite if the employer did not consent, benefit from, or know about the dog or its vicious propensities. This principle applies
• Mrs. Myrtle H. Trawick v. The Manhattan Life Ins. Co. OF NEW York
  484 F.2d 535· 5th Cir.· 1973-06-18 ·cited 4×
• Warren v. Lopatin
  475 F.2d 1329· D.C. Cir.· 1973-03-20 ·cited 4×
  The court held that the record was insufficient to determine if the appellee was a holder in due course, requiring a remand for further factual development.
• United States v. Clark
  468 F.2d 708· 3d Cir.· 1972-10-03 ·cited 4×
  The court held that the appellate court cannot affirm a conviction based on a theory different from that presented to the grand jury and the trial court, especially when that new theory relies on a continuing offense not supported by precedent.
• Kingsberry Homes v. Corey
  457 F.2d 181· 7th Cir.· 1972-03-27 ·cited 4×
  The court holds that the defendants are estopped from denying liability on the guarantee because they failed to revoke it or provide formal notice of incorporation.
• The Farmers & Bankers Life Ins. Co. v. Allingham
  457 F.2d 21· 10th Cir.· 1972-03-14 ·cited 4×
  An insurance company cannot rescind a policy based on an applicant's statements unless the misrepresentations were material to the risk and intentionally made.
• United States v. Sherfey
  384 F.2d 786· 6th Cir.· 1967-10-10 ·cited 4×
  The court held that the district court erred in admitting certain evidence against the appellant and that there was insufficient evidence to prove the stock certificates were stolen.
• England v. Am. S. Ins. Co.
  380 F.2d 137· 4th Cir.· 1967-05-29 ·cited 4×
  An insurer cannot void coverage for the named insured (mother) due to the additional insured's (daughter) failure to provide timely notice of an accident, as the policy's separate coverage provisions protect each insured independently.
• Trinity Universal Ins. Co. v. Rocky Mountain Wholesale Co.
  353 F.2d 574· 10th Cir.· 1965-11-15 ·cited 4×
  The court held that knowledge of separate corporate entities possessed by employees whose duties included writing various types of bonds for the appellant is imputed to the appellant, even if those employees were not directly involved in the specific bond issuance.
• Tulelake Irrigation Dist. v. The United States
  342 F.2d 447· Ct. Cl.· 1965-03-12 ·cited 4×
  The court held that the plaintiff's interpretation of the contract, which measures excess water removal costs from the Service Area itself rather than at the point of pumping, is the most reasonable and aligns with the contract's language.
• Trinity Universal Ins. Co. v. Gould
  258 F.2d 883· 10th Cir.· 1958-08-07 ·cited 4×
  A surety bonding a construction contract may waive its right to discharge based on material alterations when its agent has knowledge of the breaching alterations and the surety's course of conduct reasonably indicates affirmative acquiescence and a disposition to continue the sur
• Saint Paul Mercury Indem. Co. v. Valdosta Milling Co.
  253 F.2d 667· 5th Cir.· 1958-04-07 ·cited 4×
  The court held that an insurer's duty to defend a suit under a policy continues as long as the suit is pending, even after a default judgment, if the insured provides timely notice of the suit and judgment without negligence or laches.
• Matanuska Valley Bank v. Arnold
  223 F.2d 778· 9th Cir.· 1955-06-20 ·cited 4×
  The court held that a joint venturer cannot bind another for notes executed without express or implied authority, and the bank's knowledge of this lack of authority is imputed to it.
• Universal Underwriters Ins. Co. v. Kowalczyk
  216 F.2d 120· 8th Cir.· 1954-10-13 ·cited 4×
  An insurance company waives any defense based on facts known at the time of policy issuance, even if those facts contradict policy terms.
• Stone & Webster Eng'g Corp. v. Hamilton NAT. Bank
  199 F.2d 127· 6th Cir.· 1952-10-07 ·cited 4×
  An employer who receives stolen money from an employee, without providing valuable consideration, cannot claim title to the money and must return it to the defrauded party.
• Lincoln Nat. Life Ins. Co. v. Mathisen
  150 F.2d 292· 9th Cir.· 1945-06-29 ·cited 4×
  The court held that the insurance policy became a binding contract because the soliciting agent, empowered by the insurer to determine the insured's health at delivery, waived the 'good health' requirement, and the insured was deemed insurable at that time.
• Winfield Invs., LLC v. Pascal-Gaston Invs., LLC
  254 So. 3d 589· Fla. 5th DCA· 2018-08-17 ·cited 3×
  The court affirmed the trial court's judgment of liability for breach of warranty by piercing the corporate veil of Winfield Investments, LLC, but reversed the remainder of the judgment concerning unjust enrichment and fraud.
• Emile X. Quest v. State
  837 So. 2d 1106· Fla. 4th DCA· 2003-02-19 ·cited 3×
  Emile Quest was convicted of driving with a suspended license after being stopped for aggravated assault. The court reversed the suspended license conviction, holding that the State failed to prove Quest had knowledge of the December 4, 2000 suspension as required by Florida law.
• Gutter v. E.I. Dupont De Nemours
  124 F. Supp. 2d 1291· S.D. Fla.· 2000-09-20 ·cited 3×
  The court affirmed the Special Master's recommendations regarding the crime-fraud exception, finding that DuPont's attorney-client and work product privileges were vitiated by its fraudulent conduct, but set aside the recommendation to unseal the crime/fraud hearing transcript.
• Residential Cmtys. OF Am. v. Escondido Cmty. Ass'n
  645 So. 2d 149· Fla. 5th DCA· 1994-11-18 ·cited 3×
  Residential Communities of America appealed an order denying its request for damages and attorney's fees against Escondido Community Association following the reversal of an age-restriction amendment to a condominium declaration. The court affirmed the denial, holding that RCA fa
• Skandinaviska-Enskilda Banken v. C.L.C. Marine Servs.
  172 B.R. 1002· S.D. Fla.· 1994-09-30 ·cited 3×
  The court affirmed the bankruptcy court's decisions, holding that CLC Inc. and CLC Ltd. did not waive their maritime lien rights and that the directed verdict for CLC Ltd. was proper.
• United States v. ONE Parcel OF Land Located AT 7326 Hwy. 45 N.
  965 F.2d 311· 7th Cir.· 1992-06-02 ·cited 3×
  The court held that a corporation is not an innocent owner for forfeiture purposes if its sole manager and a significant owner uses corporate property for drug trafficking, even if other shareholders are unaware.
• Jea Min HAN v. United States
  944 F.2d 526· 9th Cir.· 1991-09-11 ·cited 3×
  Purchasers who pay off an existing encumbrance are entitled to equitable subrogation to the priority of the paid-off lien, even if their agent had knowledge of a subsequently recorded tax lien, as long as the purchasers themselves had only constructive notice.
• W. World Ins. Co. v. Stack OIL, Inc.
  922 F.2d 118· 2d Cir.· 1990-12-26 ·cited 3×
  The court held that the Total Pollution Exclusion endorsement was part of the insurance policy and precluded coverage for the insured's losses from a fuel oil spill, even if accidental.
• United States v. Certain Real Prop.
  724 F. Supp. 908· S.D. Fla.· 1989-10-10 ·cited 3×
  The court held that claimants, as personal representatives of an estate, could not establish innocent ownership for forfeiture purposes because the knowledge of the beneficiaries was imputed to them, and the beneficiaries had actual knowledge of the illegal activity.
• Gerling Int'l Ins. Co. v. Comm'r of Internal Revenue. Appeal of Gerling Int'l Ins. Co.
  839 F.2d 131· 3d Cir.· 1988-01-29 ·cited 3×
  The dissenting judge believes the majority decision improperly shields corporate parties from discovery by creating a loophole regarding the imputation of knowledge from corporate officers.