Mott v. Danforth
Supreme Court of Pennsylvania
ERROR to the common pleas of Susquehanna county. This action was brought by Josiah Danforth against Ithamar Mott and Sylvanus Mott, in case for a conspiracy and fraud.
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ERROR to the common pleas of Susquehanna county. This action was brought by Josiah Danforth against Ithamar Mott and Sylvanus Mott, in case for a conspiracy and fraud. The declaration alleges in the first count, that George Tarbox was indebted to the plaintiff in the sum of 998 dollars and interest, on a note dated the 8th of May 1833, payable in six months, and the defendants intending to deceive and defraud the plaintiff of his debt, excited, moved, advised, and procured Tarbox to depart and leave the country, and go to places unknown to the plaintiff, without paying said debt, whereby it…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The action on the case for a conspiracy, has in modern times taken the place of the writ of conspiracy, which seems to be considered as antiquated. The instances of these, suits in our reports, are not very numerous, but sufficient appears to show that an action on the case lies wherever the plaintiff is aggrieved and damnified by unlawful acts, done by the defendants, in pursuance of a combination and conspiracy for that purpose. It is said by Tilghman, C. J., in Griffith v. Ogle, 1 Binn. 174-5, that the conspiracy is the gist of the…
2Cases cited2 opinions
- Griffith v. OgleSupreme Court of Pennsylvania · 1806
- Penrod v. MitchellSupreme Court of Pennsylvania · 1822
3Cited by13 opinions
- Nalle v. OysterSupreme Court of the United States · 1913
- Findlay v. McAllisterSupreme Court of the United States · 1885
- Doremus v. HennessyAppellate Court of Illinois · 1896
- Duell v. BrewerCourt of Appeals for the Second Circuit · 1937
- Wildee v. McKeeSupreme Court of Pennsylvania · 1886
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