McNichols v. Wise
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The rule as to the operation and effect of an estoppel in pais, or equitable estoppel, extends to all cases, and under its application it is held, without exception, that, whenever one party has made a declaration or statement to another, upon which the latter relied and acted, the former shall not be permitted to prove such representation was false, if injury will occur to him who acted upon the faith…
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The rule as to the operation and effect of an estoppel in pais, or equitable estoppel, extends to all cases, and under its application it is held, without exception, that, whenever one party has made a declaration or statement to another, upon which the latter relied and acted, the former shall not be permitted to prove such representation was false, if injury will occur to him who acted upon the faith of its truth. 2 Parsons on Contracts [8 Ed.], bottom p. 919, 920; Herman on Estoppel, secs. 779, 782, 786, 787, 789,…
1Opinion of the CourtBiggs, J.
When the affidavit for attachment is founded upon facts derived from the defendant, which, if true, fully justify the attachment, and by reason thereof the plaintiff acted, is the defendant estopped from denying the truthfulness of his statements? The record in this case presents that question for decision, and it arises in this way: The plaintiff instituted suit by attachment against the defendant before a justice of the peace. The grounds of the attachment were that the defendant was about to remove from the state with intent to change her domicile, and was about to remove her property or…
2Cases cited5 opinions
- Roach v. BrannonMississippi Supreme Court · 1879
- Cocke v. KuykendallMississippi Supreme Court · 1866
- Exchange Bank of St. Louis v. CooperSupreme Court of Missouri · 1867
- Eisenhardt v. CabanneMissouri Court of Appeals · 1885
- Rheinhart v. GrantMissouri Court of Appeals · 1887
3Cited by3 opinions
- Wise v. McNicholsMissouri Court of Appeals · 1895
- Long Ex Rel. Dunn v. RobinsonMissouri Court of Appeals · 1926
- Staed v. MahonMissouri Court of Appeals · 1897