Freyer v. McCord
Supreme Court of Pennsylvania
Appeal, No. 214, Oct. T., 1894, by defendant, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1893, No. 116, on verdict for plaintiff. Trespass for deceit. Before McClttng, J. The facts appear by the opinion of the Supreme Court. Hrror assigned was refusal of defendant’s request for binding instruction, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
While the general rule that the principal is liable for his agent’s misrepresentations is unquestionable, as was held in Griswold v. Gebbie, 126 Pa. 353, yet the action of deceit being founded on fraud or moral wrong, to sustain it against the principal on such representations, the fraud should be clear, and there should in addition be some evidence of participation or knowledge on the part of the principal, or circumstances which should have put him upon inquiry. In other words, as said in Griswold v. Gebbie, “the scienter must not only be alleged but proved.”…
2Cases cited1 opinion
- Griswold v. GebbieSupreme Court of Pennsylvania · 1889
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- Dellwo v. PetersenIdaho Supreme Court · 1919
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