Clopton v. Cozart

Citations

• 21 Miss. 363

Syllabus

<p>Several persons signed the following statement, viz.: “ We have personal and intimate acquaintance with G.; have known him a number of years; and we can with pleasure testify to his strict adherence to truth, punctuality in contracts, perseverance in business; that he is an unexceptionable member of the Baptist church; in a word, we look upon him as an honest and responsible man, and worthy of all credit;” and delivered it to G., to enable him to purchase goods in a neighboring city, though it was addressed to no particular person ; upon the faith of it, G. bought a quantity of goods at different intervals from C., and left the country without paying for them ; Held, the signers were liable to C., in an action of deceit upon this instrument, for the value of the goods sold G. and not paid for by him, on proof that G. was not, when the instrument was written, a “ responsible ” man, i. e. one able to discharge his obligations, and that that fact was known to the signers.</p> <p>It seems, however, that the liability of the signers would not extend to transactions between C. and G. after the former had discovered the fact of G.’s irresponsibility; in such case, C. would not be deceived, for he, would know the representation to be false.</p>