Bergeron v. Savings Bank

5 Citing cases

  1. City of Concord v. Tompkins

    124 N.H. 463 (N.H. 1984)   Cited 30 times
    Holding that reliance upon representation must be reasonable and that reliance is unreasonable when party knew or should have known that the conduct was either improper, materially incorrect, or misleading

    The attempt to act by a government official, by itself, when ultra vires, does not remedy that official's lack of authority for estoppel purposes. See id.; cf. Bergeron v. Savings Bank, 63 N.H. 195, 196 (1884) (a party's attempt to contract does not remedy the lack of capacity to contract). Therefore, a party bringing an estoppel claim against the State or a municipality, based on the representations or conduct of a government official, cannot rely on the official's "asserted or assumed exercise of authority not possessed."

  2. Adams v. Adams

    80 N.H. 80 (N.H. 1921)   Cited 5 times

    Nor is an attempt to act, a waiver of the disability. State v. Hutchins, 79 N.H. 132, 140; Bank v. Sanborn, 60 N.H. 558, 561; Bank v. Buzzell, 60 N.H. 189; Parsons v. Rolfe, 66 N.H. 620; Bergeron v. Bank, 63 N.H. 195. The deed executed by Mrs. Adams, in which the consideration is set out with great particularity, evidences contract with her husband for the sale of her land to him; a contract relating to such estate.

  3. State v. Hutchins

    105 A. 519 (N.H. 1919)   Cited 17 times
    In State v. Hutchins, 105 A. 519, 523 (N.H. 1919), the court held that the public rights in public waters cannot be alienated or made subject to easements except by legislative action; neither can the state's right in public waters be prescribed against nor can these rights be impaired by an estoppel growing out of a mere failure to object to encroachment.

    "Want of legal capacity cannot be supplied by estoppel." Penacook Savings Bank v. Sanborn, 60 N.H. 558, 561; Farmington National Bank v. Buzzell, 60 N.H. 189; Parsons v. Rolfe, 66 N.H. 620. Nor is the attempt to act a waiver of disability. Bergeron v. Bank, 63 N.H. 195. Not only was there no official whose duty it was to act as the representative of the state in applying or interpreting the grant, but no one had the power to take such action.

  4. Marston v. Savings Bank

    45 A. 1007 (N.H. 1899)   Cited 1 times

    No question of law has been presented. The only question of law which might have been raised on the facts is settled in Bergeron v. Bank, 62 N.H. 655; S.C., 63 N.H. 195. Case discharged.

  5. Sherman v. Hanno

    28 A. 18 (N.H. 1889)   Cited 2 times

    The general rule, to which pleading is not an exception, is, that rights are waived when not seasonably asserted. Watson v. Walker, 23 N.H. 471, 497, 498; State v. Richmond, 26 N.H. 232, 242-244, 247; Haynes v. Thom, 28 N.H. 386, 398; Frost v. Martin, 29 N.H. 306, 316; Drew v. Towle, 30 N.H. 531, 539; State v. Rand, 33 N.H. 216, 227, 228; Warren v. Glynn, 37 N.H. 340, 344; State v. Flanders, 38 N.H. 324, 334; Robinson v. Potter, 43 N.H. 188, 191, 192; Peebles v. Rand, 43 N.H. 337, 342; Carter v. Beals, 44 N.H. 408, 411; Wendell v. Abbott, 45 N.H. 349, 352, 353, Bundy v. Hyde, 50 N.H. 116, 122; Murphy v. Crain, 59 N.H. 244, 245; Battle v. Knapp, 60 N.H. 361, 362; Crowell v. Londonderry, 63 N.H. 42, 49; Bergeron v. Bank, 63 N.H. 195, 196. In contemplation of law, Sherman admitted the sufficiency of the reference clause of the declaration by filing a plea that did not deny it, or allowing judgment to go by default, or taking some other course that did not include a seasonable objection.