Ward v. Herndon
Supreme Court of Alabama
In error to the Circuit Court of Greene. In this case, the plaintiffs in error, had been sued and declared against in the Circuit Court of Greene, for representing a person notoriously insolvent, to defendant in error, “as perfectly good for his contracts.” By means of which representation, defendant in error was induced to credit him in sundry sums of money, for goods, wares and merchandise, which were due and unpaid, and which defendant was likely wholly to lose.
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In error to the Circuit Court of Greene. In this case, the plaintiffs in error, had been sued and declared against in the Circuit Court of Greene, for representing a person notoriously insolvent, to defendant in error, “as perfectly good for his contracts.” By means of which representation, defendant in error was induced to credit him in sundry sums of money, for goods, wares and merchandise, which were due and unpaid, and which defendant was likely wholly to lose. The case was brought up on a bill of exceptions to the charge of the Court below, all of which will appear sufficiently in the…
1Opinion of the CourtCollier, J.
The defendants in error declared against the plaintiffs in the Circuit Court of Greene, for falsely, fraudulently and deceitfully representing one Mungo D. Simpson, to be solvent and worthy of credit, under the influence of which representation, the plaintiffs sold to him goods, wares and merchandise, to a large amount. The cause was tried on the plea of “not guilty.”
On the trial, a letter of the plaintiffs, was read to the jury, in which they represent to the defendant, Simpson as “an industrious, sober citizen of Greene, and perfectly good for his contracts,” and oblige themselves to see…
2Cases cited2 opinions
- Anderson's Executors v. LongSupreme Court of Pennsylvania · 1823
- Nash v. GilkesonSupreme Court of Pennsylvania · 1819
3Cited by17 opinions
- Gebhart v. BurkettIndiana Supreme Court · 1877
- Price v. Mazange & Co.Supreme Court of Alabama · 1858
- Cherry v. HillSupreme Court of Alabama · 1968
- Bell's Adm'r v. TroySupreme Court of Alabama · 1859
- Norris v. Stewart's HeirsSupreme Court of North Carolina · 1890
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