Woodruff v. Montgomery

Citations

• 20 Ohio C.C. Dec. 426
• 11 Ohio C.C. (n.s.) 72

Syllabus

<p>ESTOPPEL — FORGERY—PLEADING.</p> <p>Taggart, Donahue and Craine, JJ.</p> <p>'1. Duty and Opportunity to Speak Required to Work Estoppel by Silence to Deny Forged Signature to Note.</p> <p>Before a party can he estopped, by mere silence, to show that b'is name attached to a promissory note is a forgery, facts must be alleged, showing a duty and an opportunity to speak; that the party to be estopped' knew or had reason to believe that the owner of the note would rely on his silence and be injured thereby, and that the owner of the note, relying on said silence, was injured.</p> <p>[For other cases in point, see 4 Cyc. Dig., “Estoppel,” §§ 364-374. — Ed.]</p> <p>'.2. Facts ‘Working Estoppel Must be Averred with Particularity and Precision.</p> <p>No intendments are made in favor of a plea of estoppel; but it is incumbent on the pleader to aver all facts essential to its existence, with particularity and precision.</p> <p>[For other cases in point, see 4 Cyc. Dig., “Estoppel,” §§ 752-765. — Ed.]</p> <p>[Syllabus by the court.]</p>