McAleer v. McMurray
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia,: to January Term 1868, No. 68. This was an action on the case for deceit, brought by William McAleer against Andrew S. McMurray, Samuel Boyd, Daniel Baird, Robert Boyd, James Boyd, Daniel Boyd, John Cunningham and Robert Cuy. The declaration contained six counts.
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Error to the District Court of Philadelphia,: to January Term 1868, No. 68. This was an action on the case for deceit, brought by William McAleer against Andrew S. McMurray, Samuel Boyd, Daniel Baird, Robert Boyd, James Boyd, Daniel Boyd, John Cunningham and Robert Cuy. The declaration contained six counts. The first five counts charged substantially that the defendants organized a company to mine oil; had it incorporated by the name of the Olive Branch Oil Company; became directors; represented that its land had cost and was worth $37,500, when it was worth but $8000; issued certificates…
1Opinion of the Court
The opinion of the court was delivered, February 27th 1868, by
Thompson, C. J.
Not á word of testimony appears to have been given by the plaintiff to show that he was induced to purchase any stock in the “ Olive Branch Oil Company,” by direct representations, true or untrue, by any person. This essential was attempted to be supplied by presumptions; one to stand as a postulate, and another as the inference. This is not admissible: Douglass v. Mitchell, 11 Casey 446; and is the substance of the ruling of Erie, C. J., in Common Bench in Wheelton v. Hardisty, 8 El. & Bl. 232. I cannot well…
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