Sovereign Camp, W.O.W. v. Boykin
Cases that cite this one
9 later published cases cite this decision. The 8 that cite it most often are listed here.
- Daniel J. Vogel and Desmia G. Vogel v. American Warranty Home Service Corporation And/or Its Successors, Pioneer Warranty Corporation (5th Cir. 1983)
- Paxton v. Weaver (5th Cir. 1977)
- Bryan Constr. Co., Inc. v. Thad Ryan Cadillac, Inc. (Miss. 1974)
- Loew's, Inc. v. Royal (District Court, S.D. Mississippi 1966)
- Wilborn v. BALFOUR (Miss. 1953)
- Salster v. Singer Sewing Machine Company (District Court, N.D. Mississippi 1973)
- Illinois Central Railroad v. Pilgrim (Miss. 1969)
- Grice v. Central Electric Power Assn. (Miss. 1957)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the court.
When a party is entitled to inquire of another, and the position of that other is such as to require of him a response, which is the case here, the respondent is guilty of fraud if he make any material misrepresentation knowing it to be such, or if he conceal any material fact, which misrepresentation or concealment he should reasonably have anticipated would be, and in fact, was, relied upon by the inquirer to his hurt and to the profit or advantage of the respondent. ' And if the fraud be grossly unjustifiable, punitive damages may be awarded, in the discretion of the jury.
Although the facts are close, we have concluded that there is sufficient evidence in the record, which the jury had a right to believe and did believe, to bring into application the salutary rule stated in the foregoing paragraph; and the judgment will therefore be affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.