Commentaries on the Law of Estoppel and Res Judicata, Volume 2 |
Other editions - View all
Commentaries on the Law of Estoppel and Res Judicata Henry Morrison Herman No preview available - 2018 |
Commentaries on the Law of Estoppel and Res Judicata Henry Morrison Herman No preview available - 2015 |
Commentaries on the Law of Estoppel and Res Judicata, Volume 1 Henry M Herman No preview available - 2019 |
Common terms and phrases
acquiescence acquired action admission adverse possession afterwards agent alleged Allen applies asserting assignment authority Bank Barb binding Bing bond bound Brown claim common law Conn contract conveyance conveyed corporation court court of equity covenant coverture creditors Cush Davis deed deed poll defendant doctrine equitable estoppel equity estopped from denying estopped from setting estopped to deny estoppel in pais Exchq execution fact feme covert feoffment fraud grant grantor Gratt Gray heirs held husband Iowa Jackson Johns Jones judgment land landlord lease lessee lessor liable Mass Miller Minn mortgage mortgagor Ohio St owner party payment Pick plaintiff pleaded possession premises principle purchaser R. R. Co recital representation rule Smith statute statute of frauds subsequently surety tenant thereof third person Thompson tion ultra vires validity vendor waived Wend
Popular passages
Page 1058 - The vital principle is that he who by his language or conduct leads another to do what he would not otherwise have done, shall not subject such person to loss or injury by disappointing the expectations upon which he acted. Such a change of position is sternly forbidden. It involves fraud and falsehood', and the law abhors both.
Page 958 - By the law of the land, is most clearly intended, the general law; a law, which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Page 876 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Page 1346 - Any agreement, declaration, or course of action on the part of an insurance company, which leads a party insured honestly to believe that by conforming thereto, a forfeiture of his policy will not be incurred, followed by due conformity on his part, will and ought to estop the company from insisting upon the forfeiture, though it might be claimed under the express letter of the contract.
Page 1299 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law. it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Page 880 - ... if whatever a man's real intention may be he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Page 1122 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it
Page 1249 - It is a familiar principle of law that where one of two innocent parties must suffer by the fraud of another, the loss should fall upon him who enabled such third person to commit the fraud...
Page 1182 - Where a party pays an illegal demand with a full knowledge of all the facts which render such demand illegal, without an immediate and urgent necessity therefor, or unless to release his person or property from detention, or to prevent an immediate seizure of his person or property, such payment must be deemed to be voluntary and cannot be recovered back.
Page 889 - Admissions, whether of law or of fact, which have been acted upon by others, are conclusive against the party making them, in all cases between him and the person whose conduct he has thus influenced.