Wesley v. Native Lumber Co.
Mississippi Supreme Court
(From the circuit court of Harrison county. James H. Neville, Special Judge. Wesley, appellant, was plaintiff in the court below; the lumber company and another, appellees, were defendants there. (From a judgment sustaining the defendant’s demurrer to the declaration and dismissing the suit, the plaintiff appealed to the supreme court. Appellant, Wesley, sued the appellees, Native Lumber Company, a corporation under the laws of this state, and its manager, Thos.
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(From the circuit court of Harrison county. James H. Neville, Special Judge. Wesley, appellant, was plaintiff in the court below; the lumber company and another, appellees, were defendants there. (From a judgment sustaining the defendant’s demurrer to the declaration and dismissing the suit, the plaintiff appealed to the supreme court. Appellant, Wesley, sued the appellees, Native Lumber Company, a corporation under the laws of this state, and its manager, Thos. A. 'Cause, for damages for willfully and maliciously injuring and destroying his mercantile and barber business. A demurrer to the…
1Opinion of the CourtAnderson, J.
In Globe & Rutgers Life Ins. Co. v. Firemen’s Fund Fire Ins. Co., ante 148, 52 South. 454, this court has set at rest in this state the question whether an act, legal in itself, may become illegal, and a ground of action, when accompanied with the malicious purpose to injure the business of another, resulting in such injury — holding the affirmative. The doctrine announced in Payne v. Western, etc., Ry. Co., 13 Lea (Tenn.) 501, 49 Am. Rep. 666, is in conflict with the better-reasoned authorities, and in our judgment unsound. It is true a person has the right to refuse to have business…
2Cases cited2 opinions
- Globe & Rutgers Fire Insurance v. Firemen's Fond InsuranceMississippi Supreme Court · 1910
- Succession & Community of DuhéSupreme Court of Louisiana · 1889
3Cited by23 opinions
- Shaw v. BurchfieldMississippi Supreme Court · 1985
- Leigh Furniture and Carpet Co. v. IsomUtah Supreme Court · 1982
- Cenac v. MurryMississippi Supreme Court · 1992
- Beardsley v. . KilmerNew York Court of Appeals · 1923
- Hutton v. WattersTennessee Supreme Court · 1915
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