Legal Opinion

Lamberton v. Dunham

Supreme Court of Pennsylvania

Decided January 7, 1895No. Appeal, No. 169PublishedCited by 8 opinions

Appeal, No. 169, Oct. T., 1898, by defendant, from judgment of O. P. Venango Co., Nov. T., 1892, No. 23, on verdict for plaintiff. Trespass for deceit. Before Taylor, P. J. At the trial it appeared that defendant had certified, to the cashier of plaintiff’s bank, the correctness of a signature of George W. Eaton on a check, when in fact the signature was forged.

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Appeal, No. 169, Oct. T., 1898, by defendant, from judgment of O. P. Venango Co., Nov. T., 1892, No. 23, on verdict for plaintiff. Trespass for deceit. Before Taylor, P. J. At the trial it appeared that defendant had certified, to the cashier of plaintiff’s bank, the correctness of a signature of George W. Eaton on a check, when in fact the signature was forged. Defendant offered in evidence letters dated May 27, 1892, Jan. 17,1893, and Aug. 8,1892, admitted by George W. Eaton to be subscribed by his signature, for the purpose of showing, in connection with the testimony of defendant and as…

1Opinion of the Court

Opinion by

Mb. Justice Fell,

This action was founded upon the allegation that the defendant had falsely and fraudulently represented that the forged indorsement of a check was genuine. The error which appears in the charge and in the answers to points is that the defendant was held not only to have acted in good faith, but to-have had adequate reason for his belief.

It was shown at the trial that a stranger, representing himself to be Charles H. May, called at a store in Oil City where the defendant was employed and examined machinery which he expressed a desire to purchase. During the course of…

2Cases cited7 opinions

  1. Griswold v. GebbieSupreme Court of Pennsylvania · 1889
  2. Mullen v. Commissioners of Erie CountySupreme Court of Pennsylvania · 1877
  3. Erie City Iron Works v. Barber & Co.Supreme Court of Pennsylvania · 1884
  4. Duff v. WilliamsSupreme Court of Pennsylvania · 1877
  5. Bokee & Co. v. WalkerSupreme Court of Pennsylvania · 1850

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Warren Balderston Co. v. Integrity Trust Co.Supreme Court of Pennsylvania · 1934
  2. Seaboard Surety Co. v. Permacrete Construction Corp.Court of Appeals for the Third Circuit · 1955
  3. Ebbert v. Philadelphia Electric Co.Superior Court of Pennsylvania · 1936
  4. Medford National Bank v. BlanchardOregon Supreme Court · 1931
  5. Anderson v. SnyderSuperior Court of Pennsylvania · 1900

3 more not listed; retrieve them via the Exa API.

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