85 Pa. 490 | Pa. | 1877
delivered the opinion of the court, January 7th 1878.
In answer to the fourth point the learned judge said to the jury that, if the defendant made the alleged statements and representations, it was unnecessary to show that he “ actually knew them to be false. If he made them recklessly, without sufficient reason for knowing and believing them to be true, and with intent to enable his brother Agnew thereby to obtain the plaintiff’s money, and the representations afterwards turned out to be false and damage resulted it would be sufficient to create the liability, without it appearing that the defendant knew or had reason to know or believe them false.” This instruction was not strictly correct. It ignored the fact that the defendant may have honestly believed that the statements and representations were true ; and it permitted the jury to inquire, not whether, in point of fact he did so believe, but whether he had sufficient reason for knowing and believing them to be true.
The defendant was entitled to an unqualified affirmance of his fifth point, in which the court was requested to say, “if the jury believe that John C. Duff, from time to time, sought information as to his brother’s standing, financially, and with an honest belief that he was solvent and could pay his debts, so represented his condition to Williams, the plaintiff cannot recover, even if such representations turned out afterwards to be incorrect.” This was putting the defence on its true ground — that of good faith. While the learned judge affirmed this proposition, he did so with a quali
Judgment reversed, and a venire facias de novo awarded.