McClain v. Abshire
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The defendants ought not to be heard on that part of their answer setting up estoppel, because the facts stated do not constitute an estoppel.
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Appeal from the Livingston Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The defendants ought not to be heard on that part of their answer setting up estoppel, because the facts stated do not constitute an estoppel. The following elements are wanting: That plaintiff; had knowledge of the lien before, or at the time it was given; that plaintiff intended to defraud these defendants by her silence or acts; that she permitted her husband to claim, represent or hold himself out as the owner at the time, or before the lease was given; that the defendants were induced to execute the lease by what…
1Opinion of the CourtEllison, J.
STATEM1~NT. This is an action of replevin for a lot of household furniture and articles of personal property for the equipment of a photographic gallery, in which the judgment in the circuit court was for defendants. The facts necessary to an understanding of the case are substantially these: Plaintiff is a married woman. Her husband, W. W. McClain, and one Ambrose, leased for five years the second story of a building in Chillicothe for the purpose, principally, of conducting the business of taking photographs. The lease was in writing and reserved a lien on any chattels which the lessees…
2Cases cited8 opinions
- Wright v. Bircher'sSupreme Court of Missouri · 1880
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- DeBerry v. WheelerSupreme Court of Missouri · 1895
- Murray v. CherringtonMassachusetts Supreme Judicial Court · 1868
- Riley v. VaughanSupreme Court of Missouri · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brown v. DaughertyU.S. Circuit Court for the District of Missouri · 1903
- Rohan v. ProctorCalifornia Court of Appeal · 1923
- Dorsett v. DorsettMissouri Court of Appeals · 1936
- Bank of Orofino v. WellmanIdaho Supreme Court · 1914
- Stone v. Gilliam Exchange BankMissouri Court of Appeals · 1899
3 more not listed; retrieve them via the Exa API.