Collins v. Cronin
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE SULLIVAN COUNTY. No. 265 January Term 1887, Sup. Ct.; court below, No. 19 May Term 1885, C. P. The action was begun on March 4, 1885, by a summons in case issued by Michael Collins against Cornelius Cronin and John H. Cronin, and the declaration,' which was in three counts, charged an unlawful and malicious conspiracy between the defendants to cheat and defraud the plaintiff and others, creditors of said Cornelius Cronin, executed by the…
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ERROR TO THE COURT OE COMMON PLEAS OE SULLIVAN COUNTY. No. 265 January Term 1887, Sup. Ct.; court below, No. 19 May Term 1885, C. P. The action was begun on March 4, 1885, by a summons in case issued by Michael Collins against Cornelius Cronin and John H. Cronin, and the declaration,' which was in three counts, charged an unlawful and malicious conspiracy between the defendants to cheat and defraud the plaintiff and others, creditors of said Cornelius Cronin, executed by the confession of judgments without consideration and fraudulent, by said Cornelius Cronin to said John H. Cronin, and that…
1Opinion of the Court
Opinion,
Me. Justice Paxson :
The plaintiff in error has misapprehended the vital point in his case. The learned judge below did not lay down the broad principle that “ there can be no recovery against one only in an action on the case in the nature of a conspiracy brought against two or more.” What he did say was this: “ That fraud is never to be presumed, but must always be proven by evidence that is clear and satisfactory to the jury. And this action is founded upon the alleged fraud of the defendants. In order that the plaintiff can recover in this action they must find that the evidence…
2Cases cited1 opinion
- Laverty v. VanarsdaleSupreme Court of Pennsylvania · 1870
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