Rand v. . Gillette
Cases that cite this one
17 later published cases cite this decision.
- Old Republic National Title Insurance Co. v. Hartford Fire Insurance Co. (N.C. 2017)
- Beroth Oil Co. v. N.C. Dep't of Transp. (N.C. Ct. App. 2017)
- Old Republic Nat'l Title Ins. Co. v. Hartford Fire Ins. Co. (N.C. 2017)
- In re Cornblum (N.C. Ct. App. 2012)
- In re the Foreclosure of the Nine Deeds of Trust of Cornblum (N.C. Ct. App. 2012)
- Whitacre Partnership v. Biosignia, Inc. (N.C. 2004)
- Wolford v. Tankersley (Idaho 1985)
- Dobias v. White (N.C. 1954)
- Burchett v. Mason (N.C. 1951)
- Gorham v. . Insurance Co. (N.C. 1939)
- Crawford v. . Crawford (N.C. 1939)
- Gorham v. Pacific Mutual Life Insurance (N.C. 1939)
- McNeely Ex Rel. McNeely v. Walters (N.C. 1937)
- Gaskins v. . Lancaster (N.C. 1936)
- Thompson v. Johnson Funeral Home (N.C. 1935)
- Gottesman v. General Motors Corporation (District Court, S.D. New York 1963)
- City of Washington v. Hodges (N.C. 1931)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Tbe judgment must be affirmed on authority of what was said in Distributing Co. v. Carraway, 196 N. C., 58, 144 S. E., 535. A party is not permitted to take a position in a subsequent judicial proceeding which conflicts with a position taken by bim in a former judicial proceeding, when tbe latter position disadvantages his adversary. Hardison v. Everett, 192 N. C., 371, 135 S. E., 288.
Tbe plaintiff is face to face with- tbe lesson, taught every day in tbe school of experience, tbat be cannot safely “run with tbe hare and bunt with tbe bound.” He induced tbe court to adjudge tbe instruments in suit as valid and subsisting liens in 1929. If this were erroneous, as be now alleges, be has no one to blame but himself.
Tbe plaintiff may have bis remedy at law, but equity having beard bim once will not listen to bim now in reversal of bis former position on tbe same subject. Tbe doctrine of equitable estoppel is based on an application of tbe golden rule to tbe every-day affairs of men. It requires tbat one should do unto others as in equity and good conscience be would have them do unto bim, if their positions were reversed. Boddie v. Bond, 154 N. C., 359, 70 S. E., 824. Its compulsion is one of fair play. Sugg v. Credit Corp., 196 N. C., 97, 144 S. E., 554.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.