Rudd v. Matthews
Court of Appeals of Kentucky
Case 98 — ORDINARY APPEAL PROM UNlok CIRCUIT COURT. 'To make out an estoppel in pais it must be shown — 1. That the party sought to be estopped has made an admission or done an act with the intention of influencing the conduct of another. 2. That the other party has acted upon, or been influenced by, such act or declaration. 3. That the party will be prejudiced by allowing the truth of the admission tobe disproved.
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Case 98 — ORDINARY APPEAL PROM UNlok CIRCUIT COURT. 'To make out an estoppel in pais it must be shown — 1. That the party sought to be estopped has made an admission or done an act with the intention of influencing the conduct of another. 2. That the other party has acted upon, or been influenced by, such act or declaration. 3. That the party will be prejudiced by allowing the truth of the admission tobe disproved. (Washburn on Real Prop., 74; 30 N., 541; 102 Mass., 201; 27 Wis., 566; 49 N. Y., Ill; 38 Ills., 145; White & Tudor’s Lead. Ca., part 1, vol. 2, 30; 18 Wall., 271; Sneed’s Rep.,…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
This appeal is from a judgment rendered in the Union court of common pleas in an action by the appellee against the appellant and others on a note for five hundred and seventy-six dollars.
The note is payable to the appellee, and was executed by A. G. Robinson as principal, and purports to have been *480executed by the appellee Rudd and his co-obligees as the sureties. Robinson, the principal, died in February, 1879.
The note was dated on the 28th of May, 1878, and made payable in twelve months thereafter, and this action was instituted upon it in about…
2Cited by7 opinions
- Quick v. MilliganIndiana Supreme Court · 1886
- Crabtree v. AtchisonCourt of Appeals of Kentucky · 1892
- Brightson v. . ClaflinNew York Court of Appeals · 1919
- Bank v. HannamanWest Virginia Supreme Court · 1908
- Brickley v. EdwardsIndiana Supreme Court · 1892
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