Legal Opinion

Cox v. Highley

Supreme Court of Pennsylvania

Decided May 22, 1882PublishedCited by 18 opinions

Error to the Court of Common Pleas No. 1 of Philadelphia county: Of January Term 1882, No. lGl-^-. Case for deceit, by George W. Highley, against William J. Cox. The suit was begun by a capias ad respondendum.

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Error to the Court of Common Pleas No. 1 of Philadelphia county: Of January Term 1882, No. lGl-^-. Case for deceit, by George W. Highley, against William J. Cox. The suit was begun by a capias ad respondendum. The narr. averred that the defendant alleged that he was possessed of a certain stable in the city of Philadelphia and carried on therein the business of a livery stable, and falsely, fraudulently and deceitfully represented to the plaintiff that lie was the absolute owner of a certain lease of said premises which he offered to sell to plaintiff for the sum of $234, and thereupon to…

1Opinion of the CourtJustice Trunkey

The plaintiff avers that he was induced to purchase the lease, good will and fixtures of a stable, by false and fraudulent representations by the defendant. His action is upon an alleged tort; not upon a contract. To support it, he must show that the representation was untrue; was known by the defendant to be untrue; was calculated to induce the plaintiff to act; and he, believing it, was induced to act accordingly. The representation must have been both false and fraudulent. A positive statement of a falsehood, or suppression of material facts which the plaintiff ought to have known, would…

2Cited by18 opinions

  1. Frowen v. BlankSupreme Court of Pennsylvania · 1981
  2. Neuman v. Corn Exchange National Bank & Trust Co.Supreme Court of Pennsylvania · 1946
  3. Savitz v. WeinsteinSupreme Court of Pennsylvania · 1959
  4. Emery v. Third Nat. Bk. of PittsburghSupreme Court of Pennsylvania · 1934
  5. Warren Savings Bank & Trust Co. v. FoleySupreme Court of Pennsylvania · 1928

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