Wooten v. Gwin
Mississippi Supreme Court
ERROR to the Circuit Court of Marshall County. Hon. J. W. C. Watson, Judge. The case is fully stated in the opinion of Simrall, C. J. The plaintiff has the right to recover in this action the actual damage suffered by him on account of Westmoreland’s wrongful act in removing the cotton. The unlawfulness of the act complained of is often the test of the defendant’s liability. 24 Miss. 93 ; 2 Scam. 434 ; 3 Barb. 42 ; 22 Pa.
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ERROR to the Circuit Court of Marshall County. Hon. J. W. C. Watson, Judge. The case is fully stated in the opinion of Simrall, C. J. The plaintiff has the right to recover in this action the actual damage suffered by him on account of Westmoreland’s wrongful act in removing the cotton. The unlawfulness of the act complained of is often the test of the defendant’s liability. 24 Miss. 93 ; 2 Scam. 434 ; 3 Barb. 42 ; 22 Pa. St. 54 ; 9 Md. 108 ; 1 Hill, on Torts, 105, sect. 23; 16 Ind. 312. By his wrongful act, Westmoreland was benefited and Wooten was injured. The latter’s right of action is,…
1Opinion of the Court
The Judges delivered opinions seriatim.
SeuRáll, C. J.:
This case was once before in this court, and will be found reported in 51 Miss. 825. The question then presented was, whether Westmoreland, who had purchased two bales of cotton from one of Wooten’s tenants, was liable in assumpsit for its value.
The cotton was under the lien created by the act of 1873 (Pamph. Acts, 79) in favor of the landlord, to whom there was due a balance for rent. The tenant had removed the cotton from the demised premises, and sold it to Westmoreland. The decision was, that the purchaser was not liable to the…
2Cases cited5 opinions
- Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
- Westmoreland v. WootenMississippi Supreme Court · 1876
- Hawkins v. GillSupreme Court of Alabama · 1844
- Knox v. Hunt & PorterSupreme Court of Missouri · 1853
- Nesbitt v. BartlettSupreme Court of Iowa · 1863
3Cited by3 opinions
- Warren & Montgomery Bros. v. JonesMississippi Supreme Court · 1892
- Simpson v. Smith Sons' Gin & Machine Co.Mississippi Supreme Court · 1897
- Dunn v. KellyMississippi Supreme Court · 1880