Marqueze v. Sontheimer
Mississippi Supreme Court
Appeal from the Circuit Court of Holmes County. Hon. C. H. Campbell, Judge. The appellee, who lived in this State, at Lexington, forty-two years, was keeping a stoi’e there on Oct. 20, 1880, and wrote to E. Marqueze & Co., shoe dealers in New Orleans, enclosing an order for shoes to the amount of three hundred and forty-niue dollars and fifty cents, promising to send, them a sight draft on receipt of the goods.
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Appeal from the Circuit Court of Holmes County. Hon. C. H. Campbell, Judge. The appellee, who lived in this State, at Lexington, forty-two years, was keeping a stoi’e there on Oct. 20, 1880, and wrote to E. Marqueze & Co., shoe dealers in New Orleans, enclosing an order for shoes to the amount of three hundred and forty-niue dollars and fifty cents, promising to send, them a sight draft on receipt of the goods. Relying upon this assurance they shipped the articles, and wrote that remitting he conld deduct five per cent for cash. No answer was received ; and, on Dec. 3, 1880, they wrote again,…
1Opinion of the CourtCampbell, J.
There was no error in the modification by the court of the fifth, sixth, seventh, and ninth instructions given for the plaintiffs. The sixth was not proper after being modified. It related to representations made by the defendant after the purchase of the goods. The modification of the fifth and ninth instructions introduced into each of them the qualification, before omitted from them, that the representations made by the defendant to obtain the goods must have been known to him to be untrue, and therefore were not made in good faith. A purpose to defraud is necessary to constitute a…
2Cases cited3 opinions
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