67 Pa. 136 | Pa. | 1871
The opinion of the court was delivered;
No doubt upon an issue involving a question of fraud, evidence must in the nature of things be allowed a wide range, and testimony having any bearing, however remote, is admissible: Reinhard v. Keenbarte, 6 Watts 93; Kauffman v. Swar, 5 Barr 230. Therefore, it was held in Stevenson v. Stewart, 1 Jones 307, that in an action on a single bill, to which the defence was forgery, evidence was admissible on the part of the plaintiff to show that before or after the date of the bill the maker was trying to borrow money. “ Such investigations,” said Mr. Justice Bell, “founded in imputed fraud, naturally take a wide range. Among the most common topics of inquiry is the pecuniary capacity of the supposed lender, and the necessitous conditions of the alleged borrower. And these inquiries are legitimate.” But surely it is not to be inferred from this that wherever a plaintiff brings an action for goods sold and delivered or money lent and advanced, or paid, laid out, and expended, that it is competent to the defendant to give evidence of the pecuniary inability of the. plaintiff and thus raise an issue entirely collateral. What legitimate inference in such a ease can be drawn from the insolvency of the plaintiff? Men heavily indebted and even keeping their creditors at bay, often have large transactions in borrowing and lending, and are possessed -of considerable sums of money. If the defendant is allowed to show that the plaintiff owes debts which he does not pay, the plaintiff may certainly rebut the evidence by showing that he has a good defence to them. Thus, innumerable collateral issues might be introduced. The case below was not a case so far as appears in which any issue of fraud was raised. The fraud which the defendant alleged was simply that of setting up an unfounded claim. The same fraud could with equal propriety be alleged in every action. . The claim of the plaintiff, besides a book account for work and labor and
Judgment affirmed.