Reports of Cases Argued and Determined in the Court of Appeals of Maryland, Volume 8Geo. Johnston, Printer, 1852 - Law reports, digests, etc |
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action admitted agreement alleged amount answer appellant appellee application assigned authority Baltimore bank bill bond called cause charged claim common complainant condition consideration contract conveyed counsel county court creditors death debt decided decree deed defendant delivered directed entitled equity evidence exceptions executed executor express fact farm filed further give given granted ground held intended interest issue John judgment jury land letters located marriage ment necessary negro objection offered opinion original owners paid party passed payment plaintiff possession prayer present proceedings promise proof proved purchase question reason received record recover referred refused regard removal rent respect rule Smith statute sufficient suit sustained taken testimony thereof third Thomas tion trial trustees Waters whole wife witness
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Page 251 - There is no doubt but that the express admissions of a party to the suit, or admissions implied from his conduct, are evidence, and strong evidence, against him ; but we think that he is at liberty to prove that such admissions were mistaken or were untrue, and is not estopped or concluded by them, unless another person has been induced by them to alter his condition ; in such a case the party is estopped from disputing their truth with respect to that person (and those claiming under him), and that...
Page 250 - ... we then have a clear case of an admission by the defendant, intended to influence the conduct of the man with whom he was dealing, and actually leading him into a line of conduct which must be prejudicial to his interests, unless the defendant be cut off from the power of retraction.
Page 253 - ... it shall be lawful for the lessor at any time thereafter, into and upon the said demised premises, or any part thereof, in the name of the whole, to re-enter, and the same to have again, re-possess and enjoy, as of his or their former estate ; anything hereinafter contained to the contrary notwithstanding.
Page 247 - first, every estoppel ought to be reciprocal, that is, to bind both parties; and this is the reason that regularly a stranger shall neither take advantage nor be bound by the estoppel...
Page 409 - ... (Lewin on Trusts 152.) And in Story's Equity it is said, that where a trustee has acted in good faith, in the exercise of a fair discretion, and in the same manner as he would ordinarily do in regard to his own property, he ought not to be held responsible for any losses accruing in the management of the trust property.
Page 417 - ... or was prevented from doing it by fraud or accident, or the act of the opposite party unmixed with negligence or fault on his part.
Page 142 - ... it is necessary in the course of a cause to inquire into the nature of a particular act, or the intention of the person who did the act, proof of what the person said at the time of doing it is admissible in evidence, for the purpose of showing its true character.
Page 251 - The offer of surrender, made in this case, was to a stranger to this suit; and though the bankrupt may have been bound by his representation that he was a bankrupt, and his acting as such, as between him and that...
Page 251 - Geo. 4, c. 16, § 75, to give it up, — to say afterwards that he was not a bankrupt, and bring an action of trover for the lease, or an ejectment for the estate. To that extent he would have been bound, probably no further, and certainly not as to any other persons than those landlords.
Page 125 - ... for money had and received by the defendant for the use of the plaintiff...