Tracy v. Lincoln
Massachusetts Supreme Judicial Court
Tort, for the conversion, of certain personal property. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows: The evidence showed that the property alleged to have been converted was owned by Patrick Tracy, the husband of the plaintiff; that he conveyed the property on October 10, 1883, to William H. Ryan, who, on the same day, conveyed the same to the plaintiff; that the plaintiff paid Ryan $400 for the property; that…
Read the full summary
Tort, for the conversion, of certain personal property. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows: The evidence showed that the property alleged to have been converted was owned by Patrick Tracy, the husband of the plaintiff; that he conveyed the property on October 10, 1883, to William H. Ryan, who, on the same day, conveyed the same to the plaintiff; that the plaintiff paid Ryan $400 for the property; that Ryan paid the money to the plaintiff’s husband for the property ; and that, on January 26,1885, the plaintiff’s husband…
1Opinion of the CourtKnowlton, J.
The plaintiff, by her silence on January 26, 1885, was estopped from claiming her property as against the mortgage which the defendant then took. The intention by one’s conduct to induce another to change his situation, which is said in many of the cases to lie at the foundation of the doctrine of estoppel in pais, is commonly inferred from the conduct itself. It is sometimes even conclusively presumed from it, or rather, the actor is held to be bound by the inference of his intention legitimately drawn from his acts by the party with whom he is dealing. If his conduct is in fact acted upon…
2Cases cited3 opinions
- Fall River National Bank v. BuffintonMassachusetts Supreme Judicial Court · 1867
- Fowler v. ParsonsMassachusetts Supreme Judicial Court · 1887
- Dodge v. EmersonMassachusetts Supreme Judicial Court · 1881
3Cited by30 opinions
- Jet Line Services, Inc. v. American Employers InsuranceMassachusetts Supreme Judicial Court · 1989
- Boston & Albany Railroad v. ReardonMassachusetts Supreme Judicial Court · 1917
- Salonen v. PaanenenMassachusetts Supreme Judicial Court · 1947
- Ford v. RogovinMassachusetts Supreme Judicial Court · 1935
- Stebbins v. North Adams Trust Co.Massachusetts Supreme Judicial Court · 1922
25 more not listed; retrieve them via the Exa API.