Taylor v. Mississippi Mills
Supreme Court of Arkansas
APPEAL from Crawford Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The permitting a false rating of their standing on the books of Dun & Co., calculated to give them credit, was not a fraud. There is nothing to show that the purchasers had anything to do with that,- or that the plaintiffs had ever seen or relied upon it, or that it was not true when made, or that it was made to deceive. 23 Barb., 361. 2. It is not every misrepresentation that will avoid a sale.
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APPEAL from Crawford Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The permitting a false rating of their standing on the books of Dun & Co., calculated to give them credit, was not a fraud. There is nothing to show that the purchasers had anything to do with that,- or that the plaintiffs had ever seen or relied upon it, or that it was not true when made, or that it was made to deceive. 23 Barb., 361. 2. It is not every misrepresentation that will avoid a sale. To have that effect the representations must be vital, must relate to the transaction in question, and must induce the…
1Opinion of the CourtSmith, J.
This was an action of replevin by a corporation of the State of Mississippi for the recovery of certain goods which it had sold to Goodman & Howitz. The defendant was the sheriff of Crawford county and had seized the goods as the property of Goodman & Howitz under sundry writs of attachment.
The cause was tried before the court without a jury upon the following agreed statement of facts:
“That on the 24th day of November, 1884, the plaintiff, a wholesale merchant doing business in the state of Mississippi, by its authorized agent went to Messrs. Goodman & Howitz, retail merchants doing business…
2Cases cited4 opinions
- Donaldson v. FarwellSupreme Court of the United States · 1876
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Lindauer Bros. v. HaySupreme Court of Iowa · 1883
- Hoffman v. StroheckerSupreme Court of Pennsylvania · 1838
3Cited by8 opinions
- Hart v. MoultonWisconsin Supreme Court · 1899
- Farmers Rice Milling Co. v. Hawkins (In Re Bearhouse, Inc.)United States Bankruptcy Court, W.D. Arkansas · 1988
- Bugg v. Wertheimer-Schwartz Shoe Co.Supreme Court of Arkansas · 1897
- In re CollinsDistrict Court, E.D. Arkansas · 1907
- Triplett v. Rugby Distilling Co.Supreme Court of Arkansas · 1899
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