| John Duer, New York (State). Superior Court (New York) - 1856 - 754 sider
...decisions on this subject is lucidly stated by Lord Denman in Pickard v. Sews, 6 A. and E. 474. It is that where one, by his words or conduct, wilfully...different state of things as existing at the same time. (Vide also Harris v. Watson, 2 B. and C. 540; Howard v. IhmTdna, 2 Camp. 344; Blackburn on Sales, 162,... | |
| John Pitt Taylor - 1858 - 898 sider
...rule of law is clear, that, where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces...different state of things as existing at the same time.1 Indeed, the principle may be laid down still more broadly, as precluding any party, who negligently... | |
| James Kent - 1858 - 778 sider
...and induces him to act on that belief, or to alter his own previous position, the former is coneluded from averring, against the latter, a different state of things as existing All contingent and executory interests are assignable in equity, and will be enforced, if made for... | |
| John Bruce Norton - 1859 - 638 sider
...Here it will suffice to quote the words of Lord Denman in Pickard v. Sears.®) " The rule of law is clear, that, where one by his words or conduct wilfully...different state of things as existing at the same time." (z) " It is the duty of this Court" says Lord Cottenham in Walworth v. Holt, 4 M. and C. p. 635 " to... | |
| Ireland. High Court of Chancery - 1859 - 682 sider
...another to believe the existence " of a certain state of things, and induces him to act on that belkf, " so as to alter his own previous position, the former...different state of things as " existing at the same time." Here, after the execution of the bill of sale, the plaintiff allows the goods to remain in O'Connor's... | |
| 1064 sider
...induces him to act on that belief, so as to alter his own previous position, the former is precluded from averring against the latter a different state of things as existing at the time (6 Adol. & El. 475 ; 10 WR 471 ; 6 Sol. Journ. 526). The reader desirous of further information... | |
| Bengal (India). Sadr Dīwānī ʻAdālat - 1861 - 268 sider
...act on that belief so as to alter his own previous position, the former is concluded from averring as against the latter a different state of things as existing at the same time." To that doctrine the Court entirely subscribes ; but it is altogether inapplicable to the case before... | |
| Joseph Goodeve - 1862 - 776 sider
...rule of law is clear, that where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces...different state of things as existing at the same time. Indeed, the principle may be laid down still more broadly, as precluding any party, who negligently... | |
| Nathan Howard (Jr.) - 1862 - 586 sider
...with approbation, that ' where one by his own words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces...latter a different state of things as existing at the time.' ' The word ' wilful' as used in this connection is not to be taken in the limited sense of the... | |
| Edwin Tyrrell Hurlstone, John Paxton Norman - 1862 - 1014 sider
...in the existence of a certain state of things, and induces him to act on that belief or to alter his previous position, the former is concluded from averring...different state of things as existing at the same time: Ptckard v. Sears (a). [Crompton, J. — If the parties wished to enter into a new contract of insurance... | |
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