promissory estoppel may not be used as a consideration substitute

301 results for promissory estoppel may not be used as a consideration substitute

  • vLex Rating
  • 593 F.2d 1173 (D.C. Cir. 1978), 76-2135, Smith v. Pro Football, Inc.

    ... that the restrictions were "widely used in our free market economy"; and that ... must be "confined to a consideration of (the restraint's) impact on ... of the season had to give promissory notes for $1,000 each to Bronko ..., 53 and good players to substitute for those who inevitably become ... prevent them, on some sort of estoppel theory, from deriving a second benefit ...

  • Financial institutions fraud.

    ... about the status of the accounts used. (41) Finally, a showing of "reckless ... the fraud do not affect consideration of whether a person executed or ...(1942) (holding that maker of promissory note who entered into secret side ...(e), intended to forbid rule of estoppel from being applied when FDIC sues as ... similar to, related to, or a substitute for any activity described above; any ...

  • When should an offer stick? The economics of promissory estoppel in preliminary negotiations.

    ... has meant the relative neglect of such policy considerations. In order to take account of them properly, an alternative ... project submitted bids to general contractors, who then used the subcontractors' proposals in preparing their own bids for the ... doctrine was a different matter from using it to substitute for consideration. Between commercial parties, the consideration ...

  • Public Utility Holding Company Act of 2005; implementation: Financial accounting, reporting, and records retention requirements,

    ... 367.51(a)(17)--Allowance for funds used during construction. (j) Section ...7. After consideration of the discussion during the technical ... would be a suitable substitute for this schedule, and so, we will ... under the doctrine of promissory estoppel. An asset retirement cost ...

  • Part II

    ... 367.51(a)(17)--Allowance for funds used during construction. (j) Section ...7. After consideration of the discussion during the technical ... would be a suitable substitute for this schedule, and so, we will ... under the doctrine of promissory estoppel. An asset retirement cost ...

  • Part II

    ... ``lender'' and ``borrower'' are used consistently throughout all the ...Some consideration was given to a revision, which would be ... Standards Procedures and substitute the Form HUD-92554M, Supplementary ... 30 Further Assurances 31 Estoppel Certificate 32 Governing Law; Consent ...(1) A promissory note in the form prescribed by HUD in ...

  • Agency information collection activities; proposals, submissions, and approvals,

    ... ``lender'' and ``borrower'' are used consistently throughout all the ...Some consideration was given to a revision, which would be ... Standards Procedures and substitute the Form HUD-92554M, Supplementary ... 30 Further Assurances 31 Estoppel Certificate 32 Governing Law; Consent ...(1) A promissory note in the form prescribed by HUD in ...

  • 67 F. 860 (N.D.Tex. 1895), 202, Western Mortg. & Inv. Co. v. Burford

    ... of Texas, for and in consideration of the sum of five dollars, to us in ..., and to his successor or substitute in this trust, and to his and their ... securing of four certain promissory notes, given by us, the said J. W. ... is not our homestead, nor claimed, used, or enjoyed by us as such, and that we ...The estoppel, therefore, must be made out by proof ...

  • 68 F. 263 (6th Cir. 1895), 84, Compton v. Jesup

    ... to make Compton party by substituted service? (3) Was Compton estopped to ... and other materials and machinery used thereon or procured therefor, including ... of the judgment, and, on consideration, we feel bound to confirm it, in ... of a judgment as a bar or estoppel against the prosecution of a second ..., a judgment rendered upon a promissory note is conclusive as to the validity ...

  • Cline v Catholic Diocese of Toledo, 122899 FED6, 98-3527

    ... for breach of contract and promissory estoppel. Cline appeals the summary ...Paul as an elementary substitute teacher. In June 1994, she was awarded ... "professional" life), its consideration of other "options" for some time before ... very standard that she claims was used" as a pretext for discrimination.    \xC2"...

  • 215 F.3d 1326 (6th Cir. 2000), 99-5003, Hickory Specialties, Inc. v. Forest Flavors International, Inc.

    ... and coloring of meat as a substitute for smoking the meat in a traditional ... smoke production lines which used a process developed by Griffith ..., unfair competition and promissory fraud.         Defendants ... that there was any consideration for the Never-Compete letter, and ... the doctrine of collateral estoppel applies and that the evidence is in ...

  • Final Cause: Structure of Law as Determined by Judges

    § 4.1 Common-Law versus Civil-Law Countries: Induction versus Deduction. § 4.2 The Form or Shape of Legal Doctrine. § 4.2.1 Categorical Rights versus Balancing Tests. § 4.2.2 Elements versus Factors. § 4.2.3 Rules versus Standards. § 4.2.4 Issues of Fact versus Issues of Law. § 4.3 Use of Judicial Precedents. § 4.3.1 General Observations on the Theory of Precedent. § 4.3.2 Four Different Reasons...

    . As used in this book, the term "structure of ... welfare or social policy considerations, the added focus of instrumentalism). . ..., such as those involving promissory estoppel or moral obligation, no ..., if any, of additional or substitute procedures"; and (3) "the private ...

  • 60 F.2d 389 (8th Cir. 1932), 9394, Gunter v. Standard Oil Co.

    ... the plaintiff agreed as a consideration for the defendant's employing him at ... when such instrument was being used in evidence against him. This statute ... does not affect the law of estoppel, or the inviolability of written ... to be paid in ordinary promissory notes or due bills. Gaar, Scott & Co. ... tend in many instances to substitute a new and different contract for the ...

  • Financial Accounting, Reporting & Records Retention Requirements Under Public Utility Holding Co. Act of 2005, 042406 FERC, RM06-11-000

    ...After taking into consideration the overall framework of the ... holding company system should be used to reduce the cost of providing service ... sources of electricity or substitute or synthetic gas supplies (alternate ... under the doctrine of promissory estoppel. An asset retirement cost ...

  • 760 F.2d 1520 (11th Cir. 1985), 83-3622, T.D.S. Inc. v. Shelby Mut. Ins. Co.

    ... cash down payment, assumed a promissory note owing to a local bank, and gave ... also contained a warehouse, used for storage by the building's owner, ... granted the motion, and substitute counsel tried the case in the district ... jury precluded the jury's consideration of the punitive damages claim; and (3) ..., including a defense of estoppel and a defense of waiver. ...

  • 64 F. 90 (7th Cir. 1894), 105, Wechselberg v. Flour City Nat. Bank

    ... of the amount due upon a promissory note for $3,000, dated September 18, ... vice president, all of which were used and distributed during a year and a ...It is a substitute for individual liability, and ... stand 'to shut out from consideration the case as proved. ' In Wisconsin, ... relation, and no ground for estoppel. In the case at bar there is primary ...

  • Constitutions of no authority: spoonerian reflections.

    ... to believe Lord Denning, promissory estoppel would be another. But these ecial cases to one side, consideration is the standard "badge of ... the ballot--which is a mere substitute for a bullet--because, as his only ..., to prevent that property being used to his injury, is a very insufficient ...

  • 662 F.2d 834 (D.C. Cir. 1981), 80-1825, United States v. Gambler

    ... groundless and executed a promissory note to Pottinger in the amount of ... of the conviction without consideration of the relative harmlessness of the ... is precisely the rationale used by the California courts, which reject ... references cannot be a substitute for the cross-examination to which the ... of using collateral estoppel offensively in the absence of ...

  • 6 F.2d 947 (8th Cir. 1925), 6831, Chicago & N.W. Ry. Co. v. Bewsher

    ... logical order of their consideration". These defenses are:.         \xC2"... expressed provision, but to substitute therefor another entirely different ... come now to the question of estoppel. Is the plaintiff estopped by his ... that a bill of exchange or a promissory note is. Its transfer does not ... expression has been occasionally used by text-writers and others in the ...

  • Matrimonial Regimes: Recent Developments

    Matrimonial Agreements. II. Retirement benefits. III. Deferred Retirement Option Plan ("DROP"). IV. Valuation of Community Assets. V. Management of Community Property. VI. Concurrence. VII. Reimbursement claims. VIII. Interspousal duties under louisiana civil code article 2369.3. IX. Transaction or compromise. X. Preemption and partition. XI. Use of Expert Witnesses. XII. The Burden...

    ... of principles or rules is substituted for another (one regime for another) in ... average collection rates may be used in valuing accounts receivable. 141 . ... all states, rejected the consideration of future tax consequences in the ... mortgage and of the three promissory notes, although she did not intervene ... characterized as one of estoppel by deed, one of three types of estoppel ...

  • 759 F.2d 838 (11th Cir. 1985), 83-7573, Foster v. Jesup and Lamont Securities Co., Inc.

    ... Foster that the money was to be used in drilling numerous wells. Foster was ... such an encounter is no substitute for an underwriter's independent ... Alabama Supreme Court's consideration of the problems involved and the issues ... DOCTRINE OF PROMISSORY ESTOPPEL AS THAT DOCTRINE HAS BEEN ...

  • Estate of Yamamoto v. C.I.R., 102390 FEDTAX, 13280-85

    ... in issue, H borrowed money and used the loan proceeds to buy more stock in ... for all of MEI's stock and a promissory note in the amount of $1,774,066, H ...'s assertion of collateral estoppel is rejected.          HELD: ... which business-oriented considerations motivated Yamamoto in making the loan ... in research, publications, substitute teaching, and lecturing. ...

  • 947 F.2d 955 (10th Cir. 1991), 90-4172, Zions First Nat. Bank, N.A. v. Fisher

    ... violations, failure of consideration, frustration of partnership purpose, ... in cash and partially in a promissory note payable to Fox River. ...Pryor to substitute Mr. Price as a limited partner, Dr. ... value and shall not be cited, or used by any court within the Tenth Circuit, ..., res judicata, or collateral estoppel. 10th Cir.R. 36.3. 1 The exact ...

  • 221 F.2d 923 (5th Cir. 1955), 15159, M. M. Landy, Inc. v. Nicholas

    ... for good and valuable consideration. The issue was tried by the Referee ...  'An indispensable instrument as used in the Restatement of this Subject ... and obtaining as a substitute for it, either a duplicate or some form ... instruments such as promissory notes and bills of exchange, but also ...'s rationale was based upon estoppel nominally, however. Fidelity Mut. Life ...

  • The logical structure of fraudulent transfers and equitable subordination.

    ... rights, but these rights must be used for the benefit of all the creditors ... property to their liens as a substitute for good research. On the other hand, ... Newman, X (a bank) held D's promissory note for $3000. [C.sub.1] was a ..."--a transfer for no fair consideration at a time when D is insolvent. If the ...Other courts have found estoppel to be the ground of equitable ...