14 Pa. 139 | Pa. | 1850
The opinion of the court was delivered, October 28th, by
— English decisions on motions for new trials, in cases such as this, give an indistinct view of the abstract principle, with which alone a court of error has to do. Being judge and jury, and exercising a discretionary power over the verdict, to attain the merits, those courts do not so studiously observe the line between the province of the judge and the province of the jury, as our courts do. Still, it has not been said by any English judge except Chief Justice Tindall, that fraudulent misrepresentation of solvency is matter of legal inference. The present is an action on the case for deceit; but a constructive deceit is a new thing under the sun, and actual deceit is exclusively for the jury. In the
Judgment affirmed.