Winegar v. . Fowler
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts appear sufficiently in the opinion. To create an estoppel in pais defendants were obliged to show that plaintiff did or said something inconsistent with his title to mislead defendants, which defendants relied on, and by which they were damaged.
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Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts appear sufficiently in the opinion. To create an estoppel in pais defendants were obliged to show that plaintiff did or said something inconsistent with his title to mislead defendants, which defendants relied on, and by which they were damaged. (Jewell v. Miller, 10 N. Y. 402; Payne v. Burnham, 62 id. 73 ; Howell v. Wilcox, 44 id. 403; Barnard v. Campbell, 55 id. 463; Bowen v. Bowen, 30 id. 540; Plumb v. Catt. Bank,…
1Opinion of the CourtEarl, J.
This is an action to recover of the defendants the possession of certain household furniture claimed by the plaintiff to belong to him. The defendant Fowler claimed the property by virtue of a chattel mortgage, to secure the sum of $300, executed to him by Mrs. Bartlett, and the other defendant assisted him in taking the property by virtue of the mortgage.
It was not disputed at the trial that the property, at the time of the execution of the mortgage, belonged either to the plaintiff or Mrs. Bartlett. The defendants, therefore, in order to establish their defense, were bound to show either…
2Cited by9 opinions
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- Warder v. BakerWisconsin Supreme Court · 1882
- Precht v. . HowardNew York Court of Appeals · 1907
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