Legal Opinion

Duff v. Williams

Supreme Court of Pennsylvania

Decided November 15, 1877No. 206PublishedCited by 8 opinions

Error to the Court of Common Pleas of Beaver county. Of October and November Term 1877, No. 206. Action on the case hy Robert Williams against John C. Duff, for an alleged deceit practised upon the plaintiff by the defendant, whereby the plaintiff was induced to loan to Agnew Duff, brother of defendant, the sum of $1500, under the belief that at the time said Agnew Duff was solvent and able to repay the loan.

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Error to the Court of Common Pleas of Beaver county. Of October and November Term 1877, No. 206. Action on the case hy Robert Williams against John C. Duff, for an alleged deceit practised upon the plaintiff by the defendant, whereby the plaintiff was induced to loan to Agnew Duff, brother of defendant, the sum of $1500, under the belief that at the time said Agnew Duff was solvent and able to repay the loan. For the money loaned Agnew Duff gave a note, dated September 17th 1874, payable in one year. The note was joint in form, having the word “we” written therein, but was signed by Agnew…

1Opinion of the CourtJustice Sterrett

In answer to the fourth point the learned judge said to the jury that, if the defendant made the alleged statements and representations, it was unnecessary to show that he “ actually knew them to be false. If he made them recklessly, without sufficient reason for knowing and believing them to be true, and with intent to enable his brother Agnew thereby to obtain the plaintiff’s money, and the representations afterwards turned out to be false and damage resulted it would be sufficient to create the liability, without it appearing that the defendant knew or had reason to know or believe them…

2Cited by8 opinions

  1. Griswold v. GebbieSupreme Court of Pennsylvania · 1889
  2. Jamestown Iron & Metal Co. v. KnofskySupreme Court of Pennsylvania · 1927
  3. Seaboard Surety Co. v. Permacrete Construction Corp.Court of Appeals for the Third Circuit · 1955
  4. Lamberton v. DunhamSupreme Court of Pennsylvania · 1895
  5. Anderson v. SnyderSuperior Court of Pennsylvania · 1900

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