promissory estoppel may not be used as a consideration substitute

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

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

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

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

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

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

    ... claims for breach of contract and promissory estoppel. Cline appeals the summary judgment ...Paul as an elementary substitute teacher. In June 1994, she was awarded a ..." and "professional" life), its consideration of other "options" for some time before opting to ... meet the 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.

    ..., curing and coloring of meat as a substitute for smoking the meat in a traditional smokehouse. ... two liquid smoke production lines which used a process developed by Griffith employees Norbert ... trade secrets, unfair competition and promissory fraud.         Defendants Forest Flavors ... is no evidence that there was any consideration for the Never-Compete letter, and therefore it ... alleges that the doctrine of collateral estoppel applies and that the evidence is in fact ...

  • 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 Commission's ... of the holding company system should be used to reduce the cost of providing service to ... of alternate sources of electricity or substitute or synthetic gas supplies (alternate fuel ... of a contract under the doctrine of promissory estoppel. An asset retirement cost represents the ...

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

    ... day, and the plaintiff agreed as a consideration for the defendant's employing him at said wage ... contract when such instrument was being used in evidence against him. This statute of ... manifestly does not affect the law of estoppel, or the inviolability of written contracts. * * ... amount recited to be paid in ordinary promissory notes or due bills. Gaar, Scott & Co. v. Hill, ..., as it would tend in many instances to substitute a new and different contract for the one which ...

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

    ..., for recovery of the amount due upon a promissory note for $3,000, dated September 18, 1889, made ... as vice president, all of which were used and distributed during a year and a half of their ...It is a substitute for individual liability, and constitutes a trust ... cannot now stand 'to shut out from consideration the case as proved. ' In Wisconsin, section 2669, ... no contract relation, and no ground for estoppel. In the case at bar there is primary contract ...

  • Constitutions of no authority: spoonerian reflections.

    ...; if one were to believe Lord Denning, promissory estoppel would be another. But these special s to one side, consideration is the standard "badge of enforceability," where ... with the ballot--which is a mere substitute for a bullet--because, as his only chance of ..., by voting, to prevent that property being used to his injury, is a very insufficient proof of ...

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

    ... to be the logical order of their consideration. These defenses are:.          (1) That ... particular expressed provision, but to substitute therefor another entirely different provision, ...estoppel. Is the plaintiff estopped by his conduct in ... the sense that a bill of exchange or a promissory note is. Its transfer does not preclude, as in ... stated, the expression has been occasionally used by text-writers and others in the discussion of ...

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

    ... the years in issue, H borrowed money and used the loan proceeds to buy more stock in MFC. In ... in return for all of MEI's stock and a promissory note in the amount of $1,774,066, H transferred ..., respondent's assertion of collateral estoppel is rejected.          HELD: (2) ... extent to which business-oriented considerations motivated Yamamoto in making the loan or loans is ... involved in research, publications, substitute teaching, and lecturing. ...

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

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

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

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

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

    ... purchased for good and valuable consideration. The issue was tried by the Referee upon the ...       'An indispensable instrument as used in the Restatement of this Subject means the ... of the instrument and obtaining as a substitute for it, either a duplicate or some form of court ... only negotiable instruments such as promissory notes and bills of exchange, but also share ... 10 The court's rationale was based upon estoppel nominally, however. Fidelity Mut. Life Ins. Co. ...

  • The logical structure of fraudulent transfers and equitable subordination.

    ... transfer rights, but these rights must be used for the benefit of all the creditors equally. ... X's property to their liens as a substitute for good research. On the other hand, where X is ...(93) In Newman, X (a bank) held D's promissory note for $3000. [C.sub.1] was a creditor for ... "donation"--a transfer for no fair consideration at a time when D is insolvent. If the lien had ...(223) . Other courts have found estoppel to be the ground of equitable subordination. ...

  • Teaching law with computers.

    .... F. Technical Considerations . Until recently, projecting from a computer ... devices: an overhead projector (of the sort used to project transparencies) and an LCD (liquid ...[Post Message] [Archive] . Estoppel - Michael G Schwartz 11:22:12 2/10/97 (0) . Yet ...Promissory Estoppel? - Any L Wilson 15:33:03 2/06/97 (5) . ... systems, can also be used as a substitute for traditional instruction by making it possible ...

  • Estate of Wheeler v. C.I.R., 011678 FEDTAX, 986-69

    ...           In consideration of such advances, the company agrees to repay the ...Funds withdrawn by Wheeler from LADG and used for his personal purposes were charged to the ...Permission was also sought to issue promissory notes in the aggregate sum of $2,000,000 to the ...In January 1970, a substitute Supplemental Inventory and Appraisement, with an ...The doctrine of collateral estoppel raised by a plea of guilty to criminal tax fraud ...

  • Financial Accounting, Reporting and Records Retention Requirements Under Public Utility Holding Company Act Of 2005, 101906 FERC, RM06-11-000

    ... 367.51(a)(17) – Allowance for funds used during construction .. - 41 -. ...          7. After consideration of the discussion during the technical conference ... disclosure would be a suitable substitute for this schedule, and so, we will delete the ... of a contract under the doctrine of promissory estoppel. An asset retirement cost represents the ...

  • 122 F.2d 765 (6th Cir. 1941), 8567, Federal Deposit Ins. Corp. v. Vest

    ... Bank, against appellee, on two promissory notes. The principal question here is, whether ... presented to the District Court for consideration. We must consider them here. ... note knowingly given to the bank as a substitute among its assets for shares of its stock ... is sometimes denominated an equitable estoppel. * * * But stated more precisely, the doctrine ... collateral pledged to secure the note and used it for his own purposes without the authorization ...

  • 99 F. 856 (8th Cir. 1899), 1,202, McMaster v. New York Life Ins. Co.

    ...: 'This contract is made in consideration of the written application for this policy, and ...          'The doctrine of estoppel is applied with respect to representations of a ...Leases, promissory notes, mortgages, and many other contracts of ... for consideration and acceptance as a substitute for, or a modification of, a proposition ... argument before us, that there was artifice used in that case to induce the plaintiff to believe ...

  • Yoder v. University of Louisville, 051513 FED6, 12-5354

    ... with the named nursing student will be used by that student only for written/oral ... court's judgment includes no consideration of these claims or their factual grounding." Id. ... from recovering damages, under state promissory-estoppel law, for a newspaper's breach of a ... subjective 'chill' are not an adequate substitute for a claim of specific present objective harm or ...

  • 110 F.3d 73 (10th Cir. 1997), 96-8032, Anderson v. Exxon Coal U.S.A., Inc.

    ... of an implied employment contract; (2) promissory estoppel; (3) breach of the implied obligation of ...Anderson used, sold or distributed drugs, see R. Vol. VI at ... the credibility of the witnesses, or substitute our conclusions for that of the jury. However, we ..., because they are supported by consideration flowing to the employer. That consideration ...

  • Felt v. Commissioner of Internal Revenue, 102809 FEDTAX, 3735-06

    ... accounts than could some banks, and then used the savings to fund residential mortgages. For ... or the other elements of collateral estoppel exist. We therefore find by a bare preponderance ...These loans were in the form of promissory notes from the stock buyers to Specialty Finance. ...We evaluate this kind of consideration for "cash equivalence," and include it in income ...He must show either that he filed a substitute for return (SFR) under section 6020(b) or that ...

  • 147 F. 367 (8th Cir. 1906), 2,387, Moore v. Beiseker

    ... contract the defendants agreed, in consideration of the sum of $500, to sell to the plaintiff the ... contract; and (2) the balance in three promissory notes of the plaintiff, each for one-third of ... to the defendants the right to substitute for the lands so excepted, or add to the first ... 'rescind' and 'no longer in force' were used in no other sense than to indicate that the ... applies with pungent force the rule of estoppel, that he who is silent ...

  • 66 F.2d 823 (8th Cir. 1933), 9673, Continental Nat. Bank of Jackson County, at Kansas City, Mo. v. Holland Banking Co.

    ..., of Kansas City, Mo., whereby, in consideration of the assumption by the Continental National ... president of the Holland Bank, was substituted for the Hine and Randall note upon the same terms ... state court of competent jurisdiction, when used as the basis of a claim in a court of the United ... Bank, or at least would constitute an estoppel against the Holland Bank to deny such discharge. ... Banking Company, evidenced by his promissory note then held by said Continental National Bank, ...

  • Inverting choice of law in the wired universe: thermodynamics, mass, and energy.

    ...Public Policy Considerations 3. The Meter: When Is Electricity Transformed .... In February 2001, Governor Gray Davis used his emergency power to seize forward power ... contract, under the doctrine of promissory estoppel or by a sealed instrument. (512) ... Reasonableness is also eliminated and substituted is a requirement against "unconscionable ...