Doran v. First National Bank

Citations

• 22 N.M. 236
• 160 P. 770

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Estoppel by conduct can arise only where the person setting up the estoppel has been caused, by the conduct of the person to be estopped, to take a position to his detriment</p> <p>' which he would not have taken but for his reliance upon such conduct. Nor will estoppel arise from the mere retention of a promissory note of a third party by a person's attorney, where no benefits are accepted therefrom,, and where the same was received by the person’s agent without authority.</p> <p>P. 239</p> <p>2. Under the same circumstances, mentioned above, and where the person sought to be estopped did-nothing except to assort his original rights, ignoring the unauthorized acts of his agent, there is no ratification of such acts.</p> <p>P. 240</p> <p>3. Where there is a conflict of evidence as to the actual authority of an agent, it is error to direct a verdict, if the case turns upon that point. P. 241</p>