Branthover v. Monarch Elevator Co.
North Dakota Supreme Court
Appeal from the County Court of Hansom County, Thomas, J. Action to enforce a thresher’s lien. Judgment for plaintiff. Defendant appeals. The plea of estoppel in defendant’s answer is good as against a ■demurrer. Weber v. Lewis, 19 N. D. 473, 34 L.K.A.
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Appeal from the County Court of Hansom County, Thomas, J. Action to enforce a thresher’s lien. Judgment for plaintiff. Defendant appeals. The plea of estoppel in defendant’s answer is good as against a ■demurrer. Weber v. Lewis, 19 N. D. 473, 34 L.K.A. (N.S.) 364, 126 N. W. 105. Estoppel by silence arises where a person under the circumstances «owes a duty to another to speak; his silence and his omission to speak lead the other to believe in the existence of a state of facts, and, relying thereon, may act adversely to his interests. 18 Oyc. 681; Tobias v. Morris, 126 Ala. 535, 28 So. 517;…
1Opinion of the CourtBruce, J.
This is an action for the conversion of grain, the plaintiff claiming under a thresher’s lien, the purchase and subsequent selling of the grain by the elevator and the demand and refusal being admitted.
The first question to be decided is: Did the plea of estoppel state, and would the proof offered under it but denied admission have shown, an estoppel ? This question we answer in the affirmative. The plea was as follows: “The defendant further alleges that prior to the filing of the alleged lien mentioned in the complaint the plaintiff and one Charles Chisman, the legal owner of said grain,…
2Cases cited4 opinions
- Mitchell v. Monarch Elevator Co.North Dakota Supreme Court · 1906
- Kennedy v. DennstadtNorth Dakota Supreme Court · 1915
- Dahlund v. LorentzenNorth Dakota Supreme Court · 1915
- Simonsen v. HouseNebraska Supreme Court · 1915
3Cited by7 opinions
- Sailer v. Mercer CountyNorth Dakota Supreme Court · 1947
- Muhammed v. WelchNorth Dakota Supreme Court · 2004
- Reuter v. OlsonNorth Dakota Supreme Court · 1953
- Elliott Supply Co. v. GreenNorth Dakota Supreme Court · 1917
- Branthover v. Monarch Elevator Co.North Dakota Supreme Court · 1919
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