Ballantine v. Cummings
Supreme Court of Pennsylvania
Appeal, No. 31, Jan. T., 1908, by plaintiff, from judgment of C. P. Ho. 1, Phila. Co., Deo. T., 1900, Ho. 130, on verdict for defendants in case of Charles M. Ballantine v. George K. Cummings et al. Trespass for conspiracy.
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Appeal, No. 31, Jan. T., 1908, by plaintiff, from judgment of C. P. Ho. 1, Phila. Co., Deo. T., 1900, Ho. 130, on verdict for defendants in case of Charles M. Ballantine v. George K. Cummings et al. Trespass for conspiracy. At the trial when plaintiff was on the stand he was asked this question: Mr. Bracken : “ Q. Had you any knowledge, prior to your purchase in March, 1899, of the listing of the common stock of the company upon the Philadelphia Stock Exchange ? ” Mr. Graham: The only stock involved here is preferred stock. I object'to any' evidence of the listing of the common stock. It is…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This is an action of trespass for damages claimed to have been suffered by reason of an alleged conspiracy fraudulently and maliciously entered into by defendants to cheat and defraud the public in general and the appellant in particular. In order to sustain a recovery the burden is on appellant to prove by sufficient testimony that such a conspiracy was entered into in the first place, and that as a result of the fraudulent acts done and false statements made for the purpose of furthering the scheme to defraud, he was induced to invest in the preferred stock…
2Cases cited6 opinions
- Collins v. CroninSupreme Court of Pennsylvania · 1887
- Mead v. ConroeSupreme Court of Pennsylvania · 1886
- McElroy v. HarnackSupreme Court of Pennsylvania · 1906
- Newall v. JenkinsSupreme Court of Pennsylvania · 1856
- Merchants' & Manufacturers' National Bank v. TinkerSupreme Court of Pennsylvania · 1893
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3Cited by44 opinions
- Commonwealth v. BurdellSupreme Court of Pennsylvania · 1955
- Dale v. Thomas H. Temple Co.Tennessee Supreme Court · 1948
- Commonwealth v. Musser Forests, Inc.Supreme Court of Pennsylvania · 1958
- Fife v. Great Atlantic & Pacific Tea Co.Supreme Court of Pennsylvania · 1946
- Com. v. Benz., Com. v. RoutleySupreme Court of Pennsylvania · 1935
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