 | Anthony L. Robertson - Law reports, digests, etc - 1868 - 778 pages
...upon the second note was in consequence of the promise of the defendant to abide by the first suit. It is not necessary, to an equitable estoppel, that...calculated to mislead, and actually has misled another, Brookman v. Metealf. who acted upon it in good faith, it is enough. (Manufacturers and Traders' Bank... | |
 | Law - 1896 - 542 pages
...afterwards estopped from denying it." Cornish v. Abingdon, 4 H. & N. 549. The New York Supreme holds that "it is not necessary to an equitable estoppel that the party should design to mislead. If his acts were calculated to mislead and actually has milled another acting in good faith and exercising... | |
 | Law - 1876 - 860 pages
...same modification was made in this country. Thus, in Manufacturers' Bank v. Hazard,8 it is held that "it is not necessary to an equitable estoppel that...calculated to mislead, and actually has misled, another acting upon it in good faith, and exercising reasonable care and diligence under all the circumstances,... | |
 | Law reports, digests, etc - 1877 - 692 pages
...claiming that the judgment was not settled, even if he was the owner of it. 8 Wend., 483 ; 3 Hill, 215. It is not necessary to an equitable estoppel that the party should design to mislead ; it is enough that an act actually did mislead the defendants while acting in good faith and with... | |
 | John William Smith - Conflict of laws - 1878 - 596 pages
...(QB) 91 ; 33 Ib. 328 ; Phillips v. im Thurn, LR 1 CP 463; 35 LJ (CP) 220. 1 It is not necessary to an estoppel that the party should design to mislead,...was calculated to mislead and actually has misled 27 SMITH'S LAW OF CONTRACTS. The next peculiarity in a contract by deed is its effect in creating a... | |
 | Isaac Edwards - Bailments - 1878 - 738 pages
...Keoder, 25 NY, 302. 7 Pickard v. Sears, G Adolph. & Ellis, 409 ; Thompson v. Blanchard, 4 NY, 303, 309. It is not necessary to an equitable estoppel that the party should have designed to mislead : M:iuuf. & Traders Bank v. Hazard, 30 NY, 22C, 230; Sammis v. McLaughlin,... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1879 - 884 pages
...now to permit the defendant to set up or have the benefit of the clause of the policy in question. It is not necessary to an equitable estoppel that the party should intend willfully to mislead; but whatever may be the Stolle v. /Etna Fire and Marine Ins. Co. intent,... | |
 | Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1880 - 700 pages
...construction of win and also attacking its validity by having acquiesced in provisions of same 175 Not necessary to an equitable estoppel that the party should design to mislead . . 453 EVIDENCE. By parol when may be given to controvert or vary written agreement 95 When the legal... | |
 | John Hoff Stewart - Equity - 1881 - 808 pages
...immediately after iU recovery, assigned his judgment to Edward Sayre. Xo consideration was paid tor the assignment. Edward Sayre is the son-in-law, and...If his act was calculated to mislead, and actually lias misled another, who acted upon it in good faith, and in the exercise of reasonable care and diligence... | |
 | Austin Abbott - Civil procedure - 1881 - 552 pages
...estopped from denying their undertaking (Jams ยป. Sewall, 40 Barb. 449 : Levi v. Dora, 28 How. Pr. 217). It is not necessary to an equitable estoppel that the party should design to mislead. If his act was caleulated to mislead and actually has misled another acting upon it, that is enough (Manufacturers'... | |
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it is not necessary to an equitable estoppel that the party should design to mislead. If his act was calculated to mislead, and actually has misled, another acting upon it in good faith, and exercising reasonable care and diligence under all the circumstances,... 
