actual knowledge

Real knowledge as distinguished from presumed knowledge or knowledge imputed to one because of his having had information which should have put him on inquiry that would have led to real knowledge. In some cases, as where it is an element of wrongdoing, the equivalent of guilty knowledge. Under the generally accepted doctrine that a bank director is not personally liable to a depositor of the bank for damages sustained by reason of the insolvency of the bank, unless the director had actual knowledge of the bank's insolvency, the term “actual knowledge" means a guilty knowledge, not an innocent bona fide ignorance arising from neglect on his part to inquire into the financial condition of the bank. 10 Am J2d Banks § 199. One insured against loss by "robbery", defined by the policy to include the felonious and forcible taking of insured property . . . by any other overt felonious act committed in his presence and of which he was "actually cognizant," is not thereby covered as to a loss of money which he had in his pocket, and which he discovered to be missing after he returned to his store from the street where two men, in helping him stop a dogfight, had jostled him. Ashcraft v United States Fidelity & Guaranty Co. (Ky) 255 SW2d 485, 37 ALR2d 1078.