Martachowski v. Orawitz
Superior Court of Pennsylvania
Appeal, No. 1, Jan. T., 1898, by defendant in suit of Joseph Martachowski, against Frank Orawitz, from judgment of C. P. Luzerne County, Feb. T., 1893, No. 184, on verdict for plaintiff. Opinion by W. D. Porter, J. Trespass. The material facts appear in the opinion of the court. At the trial the court admitted in evidence the record showing the conviction and imprisonment of plaintiff for selling liquor without a license.
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Appeal, No. 1, Jan. T., 1898, by defendant in suit of Joseph Martachowski, against Frank Orawitz, from judgment of C. P. Luzerne County, Feb. T., 1893, No. 184, on verdict for plaintiff. Opinion by W. D. Porter, J. Trespass. The material facts appear in the opinion of the court. At the trial the court admitted in evidence the record showing the conviction and imprisonment of plaintiff for selling liquor without a license. The court charged the jury, inter alia, as follows: [We say to you that if the plaintiff and his witnesses have stated the truth, the whole truth of the case and nothing but…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
This action is in trespass and the plaintiff’s statement contains all the elements essential to an action on the case for deceit. The plaintiff’s statement sets forth that the defendant “unlawfully, fraudulently and deceitfully did represent and state to the said plaintiff that he, the said defendant, had a license, duly granted to him by the court of quarter ^sessions of Luzerne county, for the sale of liquors, etc., by retail in a house which he claimed to own in the Diamond Edition of Hazelton, in said county, which said license would not expire until the 1st day…
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