 | Nathan Howard (Jr.) - 1866 - 656 страници
...real estate by parol. The prmciple is, that he who is silent when conscience requires him to speak, shall be debarred from speaking, when conscience requires him to be silent. A defense of this kind may be set up in the action of ejectment (Id). i. An estoppel will not arise... | |
 | William Williamson Kerr - 1868 - 498 страници
...equally to casts where a man, by his silence, produces a false impression on the mind of another (»). If a man has been silent, when in conscience he ought to have spoken, he is debarred in equity from speaking when conscience requires him to be silent (<). If a party has an... | |
 | 1871 - 396 страници
...thus fixed was not the true boundary line. " He who is silent when conscience requires him to speak, shall be debarred from speaking when conscience requires him to be silent." Laverty v. Moore was affirmed in the court of appeals in 1865 (33 NY 658), and must be regarded as... | |
 | Melville Madison Bigelow - 1872 - 732 страници
...assisted in deceiving.4 Or, as the principle has been forcibly stated in the Court of Chancery, where a man has been silent when in conscience he ought...debarred from speaking when conscience requires him to keep silent.6 If, however, the party's silence be not the result of fraud or of gross negligence, his... | |
 | Iowa. Supreme Court - 1879 - 760 страници
...apprehension on another by silence, where silence is treacherously expressive. In equity, therefore, where a man has been silent, when in conscience he ought...speaking when conscience requires him to be silent.' The same principle is recognized in many other cases, cited in Bigelow on Estoppel, 1st Ed., p. 500... | |
 | William Wait - 1879 - 1002 страници
...familiar principle in equity that, if a person maintains silence when in conscience he ought to speak, he shall be debarred from speaking when conscience requires him to be silent. Niven v. Selknap, 2 Johns. 573 ; Hall v. Fisher, 9 Barb. 17. And aeepost, p. 705, Art. 3, § 20. The... | |
 | Charles Putzel, H. A. Bähr - 1881 - 656 страници
...listen to no kind of arrangement. Must I remove the wall ? A,. It is an admirable principle that " where a man has been silent when in conscience he ought...speaking when conscience requires him to be silent. " Therefore, if a man sees another building over his line, knows that the builder is encroaching, but... | |
 | Charles Putzel, H. A. Bähr - 1881 - 602 страници
...listen to no kind of arrangement. Must I remove the wall ? A. It is an admirable principle that " where a man has been silent when in conscience he ought to have spoken, lie shall be debarred from speaking when conscience requires him to be silent. " Therefore, if a man... | |
 | 1881 - 676 страници
...authority to sell. The maxim that "he who has been silent, when in conscience he ought to have spoken, shall be debarred from speaking when conscience requires him to be silent," cannot be invoked in this case. The plaintiff, as a witness on his own behalf, was asked : " What was... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1883 - 790 страници
...v. Swart, 4 Lans. 267 ; Meyer v. KnickbockerIns. Co., 73 NY 528; 55 id. 511, 512.) In equity where a man has been silent when in conscience he ought...speaking when conscience requires him to be silent. (Bigelow on Estoppel [Boston ed. 1872], 501 ; Hau \.Fisher, 9 Barb. 31, 32 ; fliven v. Belknap, 2 Johns.... | |
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In equity, therefore, where a man has been silent, when in conscience he ought to have spoken, he shall be debarred from speaking when conscience requires him to be silent. 
