Einstein, Hirsch & Co. v. Marshall
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before Hon. George H. Craig. Tbis was an action on the case for damages, brought by the appellees, Marshall & Conley, against the appellants, Einstein, Hirsch & Co., for falsely and fraudulently recommending as worthy of credit, one Max Heller. The evidence showed that, in 1871, Heller came to the store of Marshall & Conley, and presented a letter, of which the following is a copy: “ Uniontown, Sept,- 26th, 1871. Messrs.
Read the full summary
Appeal from the Circuit Court of Perry. Tried before Hon. George H. Craig. Tbis was an action on the case for damages, brought by the appellees, Marshall & Conley, against the appellants, Einstein, Hirsch & Co., for falsely and fraudulently recommending as worthy of credit, one Max Heller. The evidence showed that, in 1871, Heller came to the store of Marshall & Conley, and presented a letter, of which the following is a copy: “ Uniontown, Sept,- 26th, 1871. Messrs. Marshall & Oonley, Mobile, Ala. : Dear Sir — The bearer of this, Mr. M. Heller, is doing a small but safe business in this town.…
1Opinion of the CourtStone, J.
Commercial credit has become one of the conditions of commercial prosperity. Ability to pay, punctuality, and business qualifications are the foundations on which such commercial credit can alone be maintained. In mercantile transactions, the retail dealer must necessarily purchase from the wholesale merchant; and these two classes generally have their business residences remotely apart. When a stranger desires to purchase on credit, safety, as well as usage, requires that he shall furnish to the wholesale dealer, satisfactory assurance that he is worthy of credit. This assurance is…
2Cases cited7 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Atwood's Adm'r v. WrightSupreme Court of Alabama · 1856
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Boswell v. Liberty Nat. Life Ins. Co.Supreme Court of Alabama · 1994
- HealthAmerica v. MentonSupreme Court of Alabama · 1989
- Fidelity & Casualty Co. v. J. D. Pittman Tractor Co.Supreme Court of Alabama · 1943
- Pihakis v. CottrellSupreme Court of Alabama · 1971
- Ford Motor Co. v. RiceSupreme Court of Alabama · 1998
21 more not listed; retrieve them via the Exa API.