Philadelphia Workingmen's Saving, Loan & Building Ass'n v. Wurzel

Dissenting Opinion by

Mr. Chief Justice Maxey:

I find nothing in this record which warrants a court in stigmatizing the defendant, Maurice L. Wurzel, as a “fraud”. There can be no fraud without bad faith in making a statement or doing an act and there must be an intent to deceive another to that other’s damage. See Lamberton et al. v. Dunham, 165 Pa. 129, 30 A. 716. As Chief Justice Gibson said in Bokee & Co. v. Walker, 14 Pa. 139, “. . . constructive deceit is a new thing under the sun, and actual deceit is exclusively for the jury. . . . In an action for deceit, the jury have to deal with a…