Hamrick v. . Hogg
Supreme Court of North Carolina
From Rutherford. Case for a deceit in the sale of a female slave. On the, trial, it appeared that the negro had belonged to one Rutherford, who died intestate, in the year'1819. Letters of administration upon his estate, did not issue until January, 1823, when the Defendant being appointed administrator, took the personal property into his possession, and sold the negro in dispute to the Plaintiff, in February 1823, at public auction.
Read the full summary
From Rutherford. Case for a deceit in the sale of a female slave. On the, trial, it appeared that the negro had belonged to one Rutherford, who died intestate, in the year'1819. Letters of administration upon his estate, did not issue until January, 1823, when the Defendant being appointed administrator, took the personal property into his possession, and sold the negro in dispute to the Plaintiff, in February 1823, at public auction. During the interval from Rutherford’s death, until the appointment of the Defendant, the negroes belonging to the estate had been lined out, under an order of…
1Opinion of the Court
Henbersost, Judge.
This action is founded on a fraud ; to support if, there must he either a fraudulent misrepresentation, or a fraudulent concealment. It is not sufficient that the representation be false in point of fact; the Defendant must be guilty of a moral falsehood. The party making a representation, must know or be-¡¡eve it to be false, or what is the same .thine:, have no . ° reason to believe ¡Í to be true.
Concealment ex vi termini imports a knowledge of the thing concealed ; for a person cannot he said to conceal that which he does not know, and silence, as to a fact which the…
2Cited by7 opinions
- Pritchard v. . DaileySupreme Court of North Carolina · 1915
- Stone v. Doctors' Lake Milling Co.Supreme Court of North Carolina · 1926
- Tarault v. . SeipSupreme Court of North Carolina · 1912
- Hollingsworth v. . Supreme CouncilSupreme Court of North Carolina · 1918
- Hollingsworth v. Supreme Council of Royal ArcanumSupreme Court of North Carolina · 1918
2 more not listed; retrieve them via the Exa API.