Bokee & Co. v. Walker
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action on the case by Bokee & Co. against John Walker, Jr., for a deceit, in recommending, by letter, Samuel Walker, the brother of defendant, to the plaintiffs, as “ a responsible man,” without any mention of his indebtedness, when there was a large amount of judgment existing against Samuel Walker at the date of the letter of recommendation.
Read the full summary
Error to the District Court of Allegheny county. This was an action on the case by Bokee & Co. against John Walker, Jr., for a deceit, in recommending, by letter, Samuel Walker, the brother of defendant, to the plaintiffs, as “ a responsible man,” without any mention of his indebtedness, when there was a large amount of judgment existing against Samuel Walker at the date of the letter of recommendation. Part of the letter was as follows: “ Plimbeth, September 6th, 1847. “ The bearer, Mr. James A. Eakin, visits your city and Philadelphia, for the purpose of purchasing goods for my brother,…
1Opinion of the Court
The opinion of the court was delivered, October 28th, by
Gibson, C. J.
— English decisions on motions for new trials, in cases such as this, give an indistinct view of the abstract principle, with which alone a court of error has to do. Being judge and jury, and exercising a discretionary power over the verdict, to attain the merits, those courts do not so studiously observe the line between the province of the judge and the province of the jury, as our courts do. Still, it has not been said by any English judge except Chief Justice Tindall, that fraudulent misrepresentation of solvency is…
2Cited by6 opinions
- Gillespie v. HuntSupreme Court of Pennsylvania · 1923
- Seaboard Surety Co. v. Permacrete Construction Corp.Court of Appeals for the Third Circuit · 1955
- Lamberton v. DunhamSupreme Court of Pennsylvania · 1895
- Anderson v. SnyderSuperior Court of Pennsylvania · 1900
- Seaboard Surety Company v. Permacrete Construction Corp. James A. Gannon, George B. Gay, George H. Weinrott, Thomas B. Smith Company, Davis P. Smith. Seaboard Surety Company, a Corporation v. Premacrete Construction Corporation, James A. Gannon, George B. Gay, George H. Weinrott, Thomas B. Smith Company, Davis P. Smith, Thomas B. Smith Company and Davis P. SmithCourt of Appeals for the Third Circuit · 1955
1 more not listed; retrieve them via the Exa API.