KNOWLEDGE-

K.

by-stander must be aware of his own rights, 90.

estoppel-asserter must be unaware of by-stander's rights, 90.

of incorrectness of misrepresentation, means of, 137.

L.

LAND (see LEGAL Estate; POSSESSION OF Title Deeds; QUI PRIOR EST
TEMPORE).

LANDLORD —

giving undertaking to grant lease which he had already given, 228.

originated in defective administration, 255.
equity checked by it, 256.

equity introduces questions of fraud, 257.

union of courts and opportunity for reform, 258.

"fraud or evidence of fraud" as ground to postpone legal estate, 259.
apologies for old rule, 268.

actual and contractual estates, 269.

support for new methods, 271.

not apply to estoppel of owner of shares, 344.

not applicable to Factors Acts, 274.

LICKBARROW v. MASON RULE-

an anticipation of estoppel by assisted misrepresentation, 7, 178.
not disparate from estoppel, 178.

priorities, 179.

bills of exchange, 179.

principal and agent, 180.

sales of goods, 181.

Mr. Pomeroy's concurrence, 181.

ubiquity of rule, 184.

the case itself, 184.

not incapable of support, 183.

LOST (see CUSTODY OF DOCUMENTS).

LULLING INTO SECURITY, 40.

inactivity may be a change of position, 133.

vendor handing receipt for purchase-money to agent who keeps
the money and delivers receipt to purchaser, 134.

not advising of forgery, 135.

not objecting to accounts, 105, 136.

must be damage to estoppel-asserter, 147.

see CHANGE OF POSITION.

M.

MARGINAL WRITINGS (see AMBULATORY INSTRUMENTS).
MARKET OVERT, 404.

MASTER AND SERVANT (see PRINCIPAL AND AGENT).

MATERIALITY OF MISREPRESENTATION AND ASSISTANCE, 80.

several misrepresentations, 81.

MEDIUM POWERS-

assumed to exist, 488.

when withheld, 490.

see PRINCIPAL AND AGENT.

MISREPRESENTATION-

definition, 12.

necessity for, 12.

classification, 13.

personal and assisted, 18. See ASSISTED MISREPRESENTATION.

direct and indirect, see DIRECT AND INDIRECT.

active and passive, see PASSIVE MISREPRESENTATION; LULLING INTO
SECURITY.

expressed and implied, 14. See IMPLIED MISREPRESENTATION.

MORTGAGE DEBENTURES (see AMBULATORY).

MORTGAGEE-

estoppel by conduct with reference to deeds, 23, 243, 279.

carelessness essential, 105.

estoppel by misstatements, 229.

MORTGAGOR-

estoppel as to amount stated to be secured by mortgage, 23, 415.

even although himself deceived, 95.

MOTIVE-

what was the, 144.

N.

NATURE AND EFFECT OF ESTOPPEL, 187.

as a cause of action, 187.

as a rule of evidence, 188.

relief granted, character of, 190.

goods not ordered to be delivered where title rests on estoppel, 190.

NATURE AND EFFECT OF ESTOPPEL (continued)—
amount of damages recoverable, 191.

parties and privies, see PARTIES AND PRIVIES.

does estoppel bind purchasers from estoppel-denier, 196.

NEGLIGENCE-

creditors of the estoppel-denier, 208. And see CRED-

ITORS.

in favor of assignee of estoppel-asserter, 220.

double application of word, 98.
carelessness substituted, 99.

see CARELESSNESS.

NEGOTIABLE INSTRUMENTS -
definition, 376.

transferee suing in his own name, 376.
honest acquisition confers title, 378.
negotiability and transferability, 280.
negotiability explained, 383, 399.

application of estoppel to, 179.

ambulatory and non-ambulatory, 385. See AMBULATORY.
cycle through which law passed, 386.

summary, 389.

see EXECUTION OF DOCUMENTS; CUSTODY OF DOCUMENTS.
NEGOTIABILITY BY ESTOPPEL

reason for statements of doctrine, 401.

difficulty of accepting doctrine, 403.

NEMO DAT QUOD NON HABET, 296, 311, 335, 350, 393.

agent to borrow upon deeds exceeding his authority, 244.
agent to sell goods exceeding his authority, 246.

estoppel as to existence of agency, 238, 246.

extent of agency, 246.

carelessness essential, 40, 105.

see PRINCIPAL AND AGENT; Specific heads.

OSTENSIBLE OWNERSHIP -

-

contrasted with ostensible agency, 238, 486.
confusion between, 239.

benefit of distinction, 242.

OSTENSIBLE OWNERSHIP (continued) —

accrediting title, 238.

where ostensible owner is a real agent, 242.
will not support an act of agency, 247.
application of estoppel, 24, 39, 248.
in trustees, 254, 293, 311.

involuntary trustees, 295.

name of purchaser painted on goods, 304.

owner defrauded, 96.

see POSSESSION OF GOODS; INDICIA OF TITLE.

OVERDUE DOCUMENTS

equities of obligors, 423.

title of true owners, 423.

-

P.

PARTIES AND PRIVIES—

purchasers from the estoppel-denier, 196.

who are privies, 196.

rule as to privies not intended for estoppel by misrepresentation, 198.
suggested solution, 199.

relation of to rule respecting creditors of estoppel-denier, 209.

PARTNERSHIP

relation to agency, 513.

estoppel, 513.

use of non-partner's name, 514.

estoppel although estoppel-denier himself defrauded, 96.

representation of partnership, 22, 515.

where defendant never a partner, 516.

defendant is a retired partner, 511.

three classes:

duty to give notice, 41, 511.

1. Those who had prior dealings with firm, 518.

2. Those who had none, but who were aware of its membership,
518.

3. Those who had neither prior dealings, nor such knowledge, 519.
firm's name, 519, 524.

historic and indicative names, 520.

conflict between joint and several creditors, 213.

dormant partner, when liable, 247.

PASSED ON (see INTENDED TO BE PASSED ON; AMBULATORY).

PASSIVE MISREPRESENTATION -

duty of activity, 40, 42, 48-57, 105, 134, 135, 136.

as to recorded transactions, 138.

no duty to anticipate ignorance, 66.

of insurance company to advise as to premiums, 66.

to warn against self-deception, 66.

of surety to warn creditor not to release debtor, 66.

of purchaser to advise vendor of non-arrival of goods, 67.

see STANDING-BY.

PATENTEE-

duty to advise intending purchasers, 91.

POLICIES—

assignee's rights regarding prior equities, 417.

POSSESSION OF GOODS —

-

mere possession not appearance of ownership, 297.

by factor or auctioneer constitutes appearance of agency, 246.
when constitutes appearance of ownership or agency, 296, 484.
character of the goods, 298.

place, 298.

usual employment of the person, 299.
reputed-ownership statute, 300.

contrast with estoppel, 300.

vendors and vendees, 301.

name of vendee painted on goods, 304.

other circumstances, 301.

obtained by fraud. 302.

by merchant, when appearance of ownership, 312.
by person who is both merchant and factor, 511.

for consignment or sale, 360.

POSSESSION OF TITLE DEEDS, PRIORITY BY, 276.
current phraseology, 276.

suggestion of estoppel, 276.

possession a circumstance merely, 278.

tables of cases, 279.

analysis of them, 283.

estoppel the true doctrine, 287.

PREJUDICE (see CHANGE OF POSITION).

PRINCIPAL AND AGENT—

propositions respecting estoppel, 473.

general and special agency discussed, 474.

single and multitudinous instances of employment, 474.
application of estoppel, 180, 483.

estoppel as to existence of agency, 483.

extent of agency, 246, 483, 486.

application of distinction, 484.

estoppel in what cases, 487.

medium powers, 488.

agent employed to perform certain duty, 488.
in certain capacity, 488.

to act in line of particular business, 488.
to act under certain circumstances, 488.
when employment arises out of legal relation, 488.
horses, sales of, power of agent to warrant, 492.
"for the master's benefit," 496.

distinction between tort, deceit and estoppel, 237.
secretary of company acting for himself, 496.

deceit and estoppel compared, 497.

partner acting for his own benefit, 499.

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