Legal Opinion

Ackman v. Jaster

Supreme Court of Pennsylvania

Decided January 4, 1897No. Appeal, No. 129PublishedCited by 2 opinions

Appeal, No. 129, Oct. T., 1896, by defendants, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1894, No. 511, on verdict for plaintiffs. Scire facias sur mortgage.

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Appeal, No. 129, Oct. T., 1896, by defendants, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1894, No. 511, on verdict for plaintiffs. Scire facias sur mortgage. Before White, J. At the trial when Mrs. Emilie Jaster was on the stand, defendants offered to prove by her that Mr. William Ackman, husband of Mrs. Ackman, conducted the negotiations for the sale, and was acting as the agent of his wife in making the sale; and that the sale was made by him for bis wife; to be followed by testimony of the various representations made by said William Ackman, with intent to defraud and deceive,…

1Opinion of the Court

Per Curiam,

This scire facias was defended on the ground that the sale of the land, for the purchase money of which the mortgage in suit was given, was effected by the false and fraudulent representations of the vendors as to the quantity, quality and salability of the underlying vein of coal therein. On the trial the defendants offered testimony for the purpose of proving said representations, and that they believed them to be true, but that in fact they were false. It was objected that the offer was insufficient in that the defendants did not propose to show that they relied on the alleged…

2Cases cited1 opinion

  1. Phipps v. BuckmanSupreme Court of Pennsylvania · 1858

3Cited by2 opinions

  1. Wilson v. Galena-Signal Oil Co.Supreme Court of Pennsylvania · 1923
  2. Sterling Mint Co. v. Dellenbarger MacHine Co.Superior Court of Pennsylvania · 1932

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