Sims v. Eiland
Mississippi Supreme Court
Eeboe to tbe Circuit Court of Noxubee County. Hon. James M. Arnold, Judge. James Kincannon, desiring to obtain advances of money from the plaintiffs in error, who did business in Mobile, Alabama, as commission merchants, under the firm name of Sims, Harrison & Co., to enable him to control shipments of cotton which he proposed to consign to them and share in the commissions, obtained from the defendants in error a letter signed by them, and directed to the plaintiffs in…
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Eeboe to tbe Circuit Court of Noxubee County. Hon. James M. Arnold, Judge. James Kincannon, desiring to obtain advances of money from the plaintiffs in error, who did business in Mobile, Alabama, as commission merchants, under the firm name of Sims, Harrison & Co., to enable him to control shipments of cotton which he proposed to consign to them and share in the commissions, obtained from the defendants in error a letter signed by them, and directed to the plaintiffs in error, with which he introduced himself. The letter stated that it would be handed to the plaintiffs by the defendants’ old…
1Opinion of the Court
Campbell, J.,
delivered .the opinion of the court.
When this case was before us at the last term of this court, we announced that, “ to maintain the action, the defendants must have made a false statement knowing it to be false.” We adhere to that view of the law as applicable to an action for deceit, but to preclude any erroneous deduction from our former opinion, we now add, that-a person who represents as a fact that of which he has no knowledge, and no well-founded belief, and which is false, is justly chargeable with having made a false statement knowingly; for to assert as fact that of…
2Cases cited1 opinion
- Einstein, Hirsch & Co. v. MarshallSupreme Court of Alabama · 1877
3Cited by3 opinions
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- Henderson-Achert Lithographing Co. v. Belford, Clarke, & Co.Ohio Superior Court, Cincinnati · 1890