Henshaw v. Miller, 58 U.S. 212 (1854)
U.S. Supreme CourtHenshaw v. Miller, 58 U.S. 17 How. 212 212 (1854)
Henshaw v. Miller
58 U.S. (17 How.) 212
Where an action on the case was brought in Virginia against a person to recover damages for fraudulently recommending a third party as worthy of credit, whereby loss was incurred, and after issue joined upon the plea of not guilty, the defendant died, the action did not survive against the executor, but abated.
The Virginia laws and cases examined.
Henshaw was a citizen of Massachusetts, and brought an action on the case against Charles E. Miller, in his lifetime, for fraudulently recommending one Robinson as worthy of credit, in consequence of which the plaintiff had incurred considerable loss. After issue joined upon the plea of not guilty, Miller died, and on motion of the plaintiff, a scire facias was issued for the purpose of reviving the suit against John R. Miller, his executor.
Upon the return of the scire facias, the executor moved to quash it, when the judges were divided in opinion whether the
action survived the executor or abated, and the question was certified to this Court.