Kennedy v. Manry
Court of Appeals of Georgia
Trover, from city court of Forsyth. — Judge Clark. January 18, 1909.
1Opinion of the CourtBussell, J.
The decision in this case turns upon whether the plaintiff in error, by the election of a remedy inconsistent with that which he is now attempting to assert, has waived a right which he might otherwise have enforced. It is well settled that one may pursue any number of concurrent and consistent remedies. It is also settled, as well argued by counsel for the plaintiff in error, that an estoppel does not generally result, unless the opposite party is misled and caused to act to his prejudice. To constitute an estoppel by conduct, there must be, (1) a false representation or concealment of fact;…
2Cases cited17 opinions
- Robb v. VosSupreme Court of the United States · 1894
- Board of Education v. DaySupreme Court of Georgia · 1907
- Gandy v. Orient InsuranceSupreme Court of South Carolina · 1898
- Cowenhoven v. . BallNew York Court of Appeals · 1890
- Tinsley v. RiceSupreme Court of Georgia · 1898
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3Cited by57 opinions
- Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
- Mutual Life Insurance v. DurdenCourt of Appeals of Georgia · 1911
- Hardeman v. EllisSupreme Court of Georgia · 1926
- Northwestern Nat. Life Ins. Co. v. WardSupreme Court of Oklahoma · 1915
- Sentinel Fire Insurance v. McRobertsCourt of Appeals of Georgia · 1934
52 more not listed; retrieve them via the Exa API.