Sutton v. Wood
Supreme Court of Minnesota
Appeal by defendant from a judgment of the municipal court of Minneapolis. The action was replevin for one set of double harness, the defence was title and right of possession in defendant, and the trial was by the court, whose findings were, in substance, as follows. On January 5, 1880, the-plaintiff presented to defendant the following order: “Mr. Wood: Please to deliver my harness to Mr. C. A. Sutton, and you will oblige, yours truly, A. G. Wendell.”
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Appeal by defendant from a judgment of the municipal court of Minneapolis. The action was replevin for one set of double harness, the defence was title and right of possession in defendant, and the trial was by the court, whose findings were, in substance, as follows. On January 5, 1880, the-plaintiff presented to defendant the following order: “Mr. Wood: Please to deliver my harness to Mr. C. A. Sutton, and you will oblige, yours truly, A. G. Wendell.” The defendant read the order, told plaintiff that he had no claim to the-harness, and that if plaintiff would call- at noon of that day, he…
1Opinion of the CourtCornell, J.
To give to the conduct or admission of a party the character and effect of an estoppel, it must have been fraudulent in its purpose, or, in the absence of any such express intention, so directly unjust in its result as to make out against him a clear case of culpable negligence in not having contemplated it as the natural consequence of his admission. Combs v. Cooper, 5 Minn. 200 (254;) Whitacre v. Culver, 6 Minn. 203 (297;) Same v. Same, 8 Minn. 103 (133;) Pence v. Arbuckle, 22 Minn. 417; Coleman v. Pearce, 26 Minn. 123; Andrews v. Lyon, 11 Allen, 349; Pierce v. Andrews, 6 Cush. 4.
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2Cases cited5 opinions
- Pence v. ArbuckleSupreme Court of Minnesota · 1876
- Coleman v. PearceSupreme Court of Minnesota · 1879
- Boutiller v. Steamboat MilwaukeeSupreme Court of Minnesota · 1863
- Saint Peter Co. v. BunkerSupreme Court of Minnesota · 1861
- Worley v. NaylorSupreme Court of Minnesota · 1861
3Cited by2 opinions
- Brown v. Equitable Life Assurance Society of United StatesSupreme Court of Minnesota · 1899
- Malone v. PorterCuyahoga Circuit Court · 1902