Powell v. Tinsley
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Noto. Henry O. Riley, Judge. (1) Unquestionably Tinsley would be estopped to deny his declarations to Corbett, representing Roberts, to the effect that the debt due him from Campbell, to secure which his mortgage from Campbell was given, had been paid, and that it was all right for Roberts to go ahead and take the mortgage to secure this note for $500. In his declarations and actions every element to constitute estoppel is present, which…
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Appeal from Pemiscot Circuit Court. — Noto. Henry O. Riley, Judge. (1) Unquestionably Tinsley would be estopped to deny his declarations to Corbett, representing Roberts, to the effect that the debt due him from Campbell, to secure which his mortgage from Campbell was given, had been paid, and that it was all right for Roberts to go ahead and take the mortgage to secure this note for $500. In his declarations and actions every element to constitute estoppel is present, which are: 1. A false representation or a concealment of material facts. 2. The representation must have been made with…
1Opinion of the CourtGoode, J.
— On September 29, 1905, Mary and C. Campbell, executed and delivered to F. D. Roberts a chattel mortgage on two black horse-mules each fifteen and one-half hands high. This mortgage purported to be given to secure the payment of a promissory note given by said Campbells to said Roberts on the date aforesaid, for $500, due ninety days after date and drawing interest at eight per cent per annum, but was in fact executed to indemnify Roberts as surety on an appeal bond in a cause appealed from a justice of the peace to the circuit court, wherein G. W. Bradley was plaintiff and the said…
2Cases cited12 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Ess v. GriffithSupreme Court of Missouri · 1897
- Chouteau v. GoddinSupreme Court of Missouri · 1866
- Clink v. ThurstonCalifornia Supreme Court · 1873
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3Cited by3 opinions
- Covell v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
- New York Life Ins. Co. v. ReesCourt of Appeals for the Eighth Circuit · 1927
- New York Life Ins. Co. v. ReesCourt of Appeals for the Eighth Circuit · 1927