Sims v. Eiland
Mississippi Supreme Court
Error to the Circuit Court of Noxubee County. Hon. James M. Arnold, Judge. The declaration in this action on the case for deceit, filed by Thomas W. Sims and others, in their firm name of Sims, Harrison, & Co., of Mobile, Alabama, against W. F. Eiland, C. C. Eiland, and A. H. Bush, of Macon, Mississippi, al-' leged that although James Kincannon, who was a stranger to the plaintiffs, but the familiar acquaintance of the defendants, was insolvent and unworthy of credit, yet…
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Error to the Circuit Court of Noxubee County. Hon. James M. Arnold, Judge. The declaration in this action on the case for deceit, filed by Thomas W. Sims and others, in their firm name of Sims, Harrison, & Co., of Mobile, Alabama, against W. F. Eiland, C. C. Eiland, and A. H. Bush, of Macon, Mississippi, al-' leged that although James Kincannon, who was a stranger to the plaintiffs, but the familiar acquaintance of the defendants, was insolvent and unworthy of credit, yet the defendants gave him a letter signed by them, and directed to the plaintiffs, stating that it would be handed to the…
1Opinion of the CourtCampbell, J.
The gist of this action is fraudulent misrepresentation, knowingly made by the defendants, whereby the plaintiffs, trusting to it, were damnified. To maintain the action, the defendants must have made a false statement knowing it to be false. Clopton v. Cozart, 13 S. & M. 363 ; Taylor v. Frost, *8539 Miss. 328 ; Pasley v. Freeman, 2 Smith’s Lead. Cas. 157. The second plea, which avers in substance that the defendants “ honestly believed ” their representation to be true when they made it, was a sufficient answer to the declaration, and the demurrer to it was properly overruled. The replication,…
2Cases cited1 opinion
- Taylor v. FrostMississippi Supreme Court · 1860
3Cited by2 opinions
- Vincent v. CorbettMississippi Supreme Court · 1908
- Aetna Ins. Co. v. CommanderMississippi Supreme Court · 1934