Taylor v. Frost
Mississippi Supreme Court
Error to the Circuit Court of Madison county. Hon. E. G. Henry, judge. The allegations are, that false and fraudulent representations were made by defendant to plaintiff in the exchange of horses, on which plaintiff relied; the scienter on his part is alleged, and that issue we supposed we were trying.
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Error to the Circuit Court of Madison county. Hon. E. G. Henry, judge. The allegations are, that false and fraudulent representations were made by defendant to plaintiff in the exchange of horses, on which plaintiff relied; the scienter on his part is alleged, and that issue we supposed we were trying. Yet the court, by its first and second instruction, especially the second, instructed the jury to find for plaintiff, even if defendant believed the representations to be true; in other words that, in an action of deceit, alleging false and fraudulent representations, the jury could find…
1Opinion of the Court
Handy, J.,
delivered tbe opinion of tbe court:
This was an action on tbe ease, in tbe nature of deceit in tbe sale of a borse by tbe plaintiff in error to tbe defendant in error with representations as to tbe qualities of tbe horse by tbe plaintiff which were known by bim to be false.
On tbe trial of tbe cause, tbe evidence left it a matter of doubt whether or not tbe plaintiff in error lenew tbat tbe representations made by him at tbe time of tbe sale were untrue, and tbat tbe borse was not of tbe qualities then represented. By tbe second instruction given at tbe instance of the defendant in…
2Cases cited1 opinion
- Minor v. TillotsonSupreme Court of the United States · 1843
3Cited by2 opinions
- Vincent v. CorbettMississippi Supreme Court · 1908
- Sims v. EilandMississippi Supreme Court · 1879