Ricketts v Scothorn

Ricketts v Scothorn - was an equitable estoppel which...

Info icon This preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Class Notes Case: Court / Date: Judge: Facts: Issue: Holding: Procedural History: Rule: Rationale: ANDREW D. RICKETTS, EXECUTOR, v. KATIE SCOTHORN SUPREME COURT OF NEBRASKA (1898) Sullivan Defendant executor sought review of the judgment awarded by the District Court of Lancaster County (Nebraska) in favor of plaintiff in an action based upon a promissory note made by the decedent. The grandfather of the payee made and delivered to the payee a promissory note. The note was given as a gratuity, to enable the payee to give up her employment. Upon the grandfather's death, the payee sought recovery on the note from defendant executor. The trial court awarded judgment to the payee. On appeal, the court affirmed the judgment. It held that, although there was no valuable consideration for the note, there
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: was an equitable estoppel, which precluded the executor from alleging that the note in controversy was lacking in one of the essential elements of a valid contract. The payee's grandfather intentionally influenced the payee to alter her position for the worse on the faith of the note being paid when due. Thus, it would be grossly inequitable to permit the maker, or his executor, to resist payment on the ground that the promise was given without consideration. The court affirmed the judgment entered by the trial court in favor of the payee in her action against the executor on a promissory note made by the executor's decedent. Means that she gave up opportunity to make $ (I think). Promissory estoppel is reliance on a promise....
View Full Document

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern