Alexander v. Dennis
Supreme Court of Alabama
Error to the Circuit court of Lowndes. Case for deceit, tried before Han'is, J. This was an action of trespass, on the case brought by the defendant in this court, against the plaintiff.
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Error to the Circuit court of Lowndes. Case for deceit, tried before Han'is, J. This was an action of trespass, on the case brought by the defendant in this court, against the plaintiff. The declaration, in substance, alleges that the defendant in error sold the plaintiff in error eight mules, of the value of eight hundred dollars, in consideration of which, the plaintiff in error transferred to him by delivery, a promissory note for nine hundred and thirty-three dollars, made by John Fisher and Benjamin F. Johnson, and passed to one Stephen Jones, and by him endorsed to the plaintiff in…
1Opinion of the CourtOrmond, J.
The question presented in this case is', whether a person who gets possession of the property of *176another, by falsely and fraudulently representing to him that a promissory note, which was given in exchange for the property, was good, and would be paid, when in fact he knew that it was worthless — is entitled to notice of the non-payment of the note. If he be entitled to notice of ti e dishonor of the note, it must be on the ground, that the contract, though tainted' with fraud on his part, is binding on his victim. But we are clear that the fraud vitiated the contract, and that the defendant…
2Cited by2 opinions
- Dellone v. HullCourt of Appeals of Maryland · 1877
- Hoopes v. StrasburgerCourt of Appeals of Maryland · 1873