Tavid Randon, Plaintiff In Error v. Thomas Toby
Decision Date | 01 December 1850 |
Parties | TAVID RANDON, PLAINTIFF IN ERROR, v. THOMAS TOBY |
Court | U.S. Supreme Court |
and the firm of McKinney & Williams, and for the purpose of so settling such business, and the said McLean stated that such was the purpose of his visit. After the settlement between Randon and McLean was agreed upon, witness came to Galveston at the instance of the said David Randon, for the purpose of receiving from Thomas F. McKinney a receipt in full of all claims held by the said McKinney against the said David Randon, and also a cotton obligation. The said McLean knew that the respondent was coming, and what he was coming for, and knew that the respondent came to obtain the receipt and the cotton obligation, and the said McLean consented thereto.
"When I arrived in Galveston, I remained a day or two, and did not see McKinney; during the time I saw McLean, and he handed me the receipt; I asked him where the obligation was,...
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...Because a man should not be permitted to gain an advantage through his own fraud, actual or constructive, Randon v. Toby, 1850, 11 How. 493, 519, 52 U.S. 493, 519, 13 L.Ed. 784, tacit encouragement by conduct has been held sufficient to raise an estoppel. Swain v. Seamens, 1869, 9 Wall. 254......
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