Rivers v. Dubose
Supreme Court of Alabama
Writ of Error to the Circuit Court of Clarke. Debt by Dubose, on a note to him as administrator of Wm. Brookshear, for $480, dated 24th February, 1844, payable six months after date. The defendants pleaded nil debit, with other pleas.
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Writ of Error to the Circuit Court of Clarke. Debt by Dubose, on a note to him as administrator of Wm. Brookshear, for $480, dated 24th February, 1844, payable six months after date. The defendants pleaded nil debit, with other pleas. At the trial, after the note was read to the jury, the defendants put in evidence a bill of sale made by the plaintiff, on the same day as the date of the note, reciting the receipt by him of the sum stated in the note, as the price of a female slave, which the plaintiff, as administrator of Brookshear, warranted to be sound. The connection between the note and…
1Opinion of the CourtGoldthwaite, J.
Most of the points made by the counsel for the plaintiffs in this court are undeniable as legal propositions, but as it seems to us, they have little or no application to the case at bar. It is said, that when a party designedly misrepresents a certain fact, for the purpose of misleading and imposing on the other party, to his injury, he is guilty of a positive fraud, and even if a material misrepresentation be made inadvertently, and through mistake, or ignorance, it is considered as a constructive fraud, because it is equally an imposition and deception. See cases cited, Story on Con. 107…
2Cited by3 opinions
- Georgia Home Insurance v. WartenSupreme Court of Alabama · 1896
- Cowles v. TownsendSupreme Court of Alabama · 1857
- Rutter v. Hanover Fire InsuranceSupreme Court of Alabama · 1902