Stuart v. Mitchell

(after stating the facts as above).

According to the trial court’s conclusion of law the judgment in favor of the receiver was allowed upon the ground only of estop-pel. .The legal effect attaching to the facts according to the court’s conclusion was:

“That the defendant, R. T. Stuart, is es-topped at this time from denying the validity of his said two notes sued upon herein.”

This is the real and pertinent question in the case. If the appellant is precluded by the doctrine of estoppel from asserting, as a remedy, that the notes sued on are without legal consideration and cannot be enforced by…