Markowsky v. Rubenstein

Citations

• 124 Miss. 724
• 87 So. 278

Syllabus

<p>Fraud. Instruction inapplicable to issue.</p> <p>In an action of fraud and deceit the defendant, under a plea of general issue, is not entitled to an instruction advising the jury that the plaintiff was not entitled to a verdict, until he proved to the satisfaction of the jury that the contract sued on was not only false, but that the defendant knew it was false at the time it was made, when the defendant testified that he had not made the alleged contract at all.</p>