Griswold v. Gebbie
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 105 January Term 1889, Sup. Ct.; court below, No. 276 March Term 1887, C. P. No. 2. On April 25, 1887, George Gebbie and Mary J. Gebbie, his wife, in right of said wife, brought case for deceit against Eliza T. Griswold. Issue.
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ERROR TO THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 105 January Term 1889, Sup. Ct.; court below, No. 276 March Term 1887, C. P. No. 2. On April 25, 1887, George Gebbie and Mary J. Gebbie, his wife, in right of said wife, brought case for deceit against Eliza T. Griswold. Issue. At the trial on February 16, 1888, the facts shown upon which the plaintiffs sought to recover were in substance as follows: William A. Griswold, the husband of the defendant, died in 1881. Desiring to dispose of a country place she owned in her own right, she consulted with a Mr. Strong of New York,…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
There can be no question at this date that in an action of deceit, the scienter must not only be alleged, but proved, and the jury must be satisfied that the defendant made a statement knowing it to be false, or with such conscious ignorance of its truth, as to be equivalent to a falsehood. This is the general rule, and it lias been declared witli notable emphasis in several recent cases in this state: Dilworth v. Bradner, 85 Pa. 238; Duff v. Williams, 85 Pa. 490; McCandless v. Young, 96 Pa. 289; Hexter v. Bast, 125 Pa. 52.
If, therefore, the learned judge at the…
2Cases cited5 opinions
- Hexter v. BastSupreme Court of Pennsylvania · 1889
- Kreiter v. BombergerSupreme Court of Pennsylvania · 1876
- Duff v. WilliamsSupreme Court of Pennsylvania · 1877
- McCandless v. YoungSupreme Court of Pennsylvania · 1881
- Dilworth v. BradnerSupreme Court of Pennsylvania · 1877
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