173 Pa. 175 | Pa. | 1896
Opinion by
The plaintiffs’ action was for deceit. The statement avers that plaintiffs were wholesale dealers in dry goods in New York city and defendant was a retail dealer in same goods in Pitts-burg ; that on 9th of August, 1892, defendant called upon plaintiffs to make a purchase of goods on credit, and represented that he had taken inventory the previous year of his assets and liabilities and his financial condition was as follows:
Stock on hand in his Pittsburg store, . $18,675.00
Cash on hand,...... 2,350.00
Good book accounts,..... 12,350.75
Unincumbered real estate, .... 4,360.00
Total assets, . . . $37,735.75
That he was indebted on open account, bills payable and borrowed money in the amount of $7,525. He further stated, there were no judgment notes against him, and that he was not liable as surety, guarantor or accommodation drawer, and that he knew of no claim that would affect his financial standing. That on the faith of these representations defendant obtained from plaintiffs $1,000 worth of goods on credit; that said representations were false and known to be so by defendant and were made with intent to cheat and defraud plaintiffs of their goods, in which he was successful, and plaintiffs claimed damages in the amount of $1000.
This statement clearly avers a good cause of action. The evidence to sustain and in denial of it was very contradictory; the material point in dispute being, whether defendant had made the false statement on 9th of August, 1892, when this particular bill was purchased. Prior to September, 1891, defendant had made a written statement to plaintiffs in exact accord with that set out in the declaration of claim. Bryce Gray, a partner in the plaintiff firm testifies, that on the 9th of August, 1892, when
In view of the evidence and its contradictory character, the court fully and fairly submitted it to the jury to inquire, 1. Was a representation made to induce the credit? 2. Was it knowingly false ? 3. Did plaintiffs rely on it ? On the answers to these interrogatories turned the verdict; the jury found for plaintiff on each. They may have erred, but clearly the court did not.
The assignment of error to the admission of evidence of debts created by purchases of goods after the 9th of. August would be well made, considered apart from its connection with other evidence tending to establish the deceit., . The plaintiffs had
We see nothing in the assignments of error which- calls for further notice and the judgment is accordingly affirmed. '