82 Pa. 441 | Pa. | 1876
delivered the opinion of the court, October 23d 1876.
We are of opinion that the offer of the defendants below, the rejection of which by the learned court forms the subject of the first assignment of error, ought to have been admitted.
That offer was in substance that the defendants did not know the bonds which they offered to sell the plaintiffs to be counterfeit, but supposed them to be genuine; that they stated to the plaintiffs what they had done themselves to ascertain their genuineness; that the plaintiffs must make inquiry and satisfy themselves upon that point, as they would guarantee against nothing except their being stolen, and afterwards the plaintiffs called cm the defendants and said that they had made inquiries and were satisfied from what they had heard that they were genuine, and the sale was then made.
No doubt every vendor of a bond or other instrument of writing warrants impliedly his title in the same manner as the vendor of any other personal chattel does. If the bond is forged, or its assignment is forged, he has no title, and the vendee can reclaim
The plaintiffs in error have not furnished us with the evidence in the cause, and without it it is impossible for us to say whether there was anything of which to predicate the points of the answers to which the plaintiffs complain in the second, third, fourth and fifth assignments of error. If the evidence appended to the paper-book of the defendants in error was' all the evidence in the cause it certainly was not sufiicient to raise these points. There was no error in the court’s not charging as requested by the defendants in .their sixth point, “ that in the purchase and sale of said bonds the
Judgment reversed, and a venire facias de novo, awarded. .