Locklin v. Davis
Supreme Court of Vermont
Trespass and Troyer. Pleas, the general issue and justification as an officer under regular process. Upon referee’s report, at the September term, 1898, Washington county, Start, J., presiding, a pro-forma judgment was rendered for the plaintiff. The defendant excepted. This is an action to recover damages of the defendant who as a deputy sheriff attached the property in dispute on a writ in which the plaintiff’s husband was defendant.
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Trespass and Troyer. Pleas, the general issue and justification as an officer under regular process. Upon referee’s report, at the September term, 1898, Washington county, Start, J., presiding, a pro-forma judgment was rendered for the plaintiff. The defendant excepted. This is an action to recover damages of the defendant who as a deputy sheriff attached the property in dispute on a writ in which the plaintiff’s husband was defendant. Upon trial no question was made as to the regularity of process or authority of the defendant as officer. The question litigated was the right of the defendant…
1Opinion of the Court
Rowell J.
If one by words, conduct, or culpable silence, although without intent to defraud, leads another, who acts prudently, to believe that a certain state of things exists, and who acts upon such belief accordingly, he is *322estopped to deny the existence of such a state of things, if the other party would be prejudiced thereby; for such denial would be a breach of good faith, and therefore fraudulent. Strong v. Ellsworth, 26 Vt. 366; Cady v. Owen, 34 Vt. 598, 603; Leather Manufacturers' Bank v. Morgan, 117 U. S. 96, 108; Continental Bank v. Bank of the Commonwealth, 50 N. Y. 575, 583.
In the…
2Cases cited6 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Cady v. OwenSupreme Court of Vermont · 1861
- Strong v. EllsworthSupreme Court of Vermont · 1854
- Flint v. JohnsonSupreme Court of Vermont · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Smith v. MartinSupreme Court of Vermont · 1919
- Boston & Maine Railroad v. Howard Hardware Co.Supreme Court of Vermont · 1962
- Bennett v. PotashnickMissouri Court of Appeals · 1924
- City of Burlington Ex Rel. Board of School Commissioners v. Mayor of BurlingtonSupreme Court of Vermont · 1925
- Sidney v. WilsonCalifornia Court of Appeal · 1924
4 more not listed; retrieve them via the Exa API.