Exchange Bank of St. Louis v. Cooper
Supreme Court of Missouri
Error to St. Louis Circuit Court. The refusal of defendant’s instructions was error; for, to constitute defendant’s declarations matter of estoppel in pais, it must have appeared — 1. That they were inconsistent with the fact sought to be proved, viz., that he was a resident; 2. That they were made wilfully and with intent to induce plaintiff to believe he was a non-resident; 8. That they were sufficient to induce a reasonable man to believe it; 4. That plaintiff did believe…
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Error to St. Louis Circuit Court. The refusal of defendant’s instructions was error; for, to constitute defendant’s declarations matter of estoppel in pais, it must have appeared — 1. That they were inconsistent with the fact sought to be proved, viz., that he was a resident; 2. That they were made wilfully and with intent to induce plaintiff to believe he was a non-resident; 8. That they were sufficient to induce a reasonable man to believe it; 4. That plaintiff did believe it, and, relying on it, instituted suit; 5. That she would have been injured by allowing proof of plaintiff’s evidence.…
1Opinion of the CourtFagg, Judge
The record in this case presents but few questions for consideration. It is brought to this court by writ of error to the St. Louis Circuit Court. The Exchange Bank instituted a suit by attachment against Cooper, plaintiff in error, to recover a balance which was alleged to have been overdrawn on his account with the bank. The ground of the attachment stated in the affidavit was that Cooper was a non-resident of the State. The return of the officer showed that he was personally served, and the defendant appeared in proper time and filed his plea in abatement, which was tried by the court…
2Cited by7 opinions
- Stevens v. LarwillMissouri Court of Appeals · 1904
- Warder v. BakerWisconsin Supreme Court · 1882
- Maxey v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1902
- McCord v. RoseneWashington Supreme Court · 1905
- State Ex Inf. McKittrick v. JonesSupreme Court of Missouri · 1945
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