Cole v. High

Citations

• 173 Pa. 590
• 34 A. 292
• 1896 Pa. LEXIS 748

Syllabus

<p>[Marked to be reported.]</p> <p>Pleading — Practice, G. P. — Evidence.</p> <p>In an action of trespass plaintiff averred in his statement of claim that defendant had wrongfully and fraudulently induced him to part with and ■deliver certain goods to defendant, at a certain price; and had induced him to accept defendant’s check therefor by falsely and fraudulently representing that said check was as good as cash; that there was at that time sufficient funds in bank to pay it, and that it would be paid by the bank. Plaintiff further averred in his statement that defendant, after obtaining possession of the goods, converted them to his own use and fraudulently ■stopped payment of the check. Held, (1) that the deceit in obtaining the goods was the fundamental element in the light to recover, and therefore •the whole transaction in the course of which the goods were obtained was the real subject of the controversy; (2) that evidence was therefore necessarily admissible as to all the facts of the transaction to determine the •merits of the controversy; (3) that plaintiff could not recover unless he showed fraud or deceit, inasmuch as the plaintiff’s statement contained no ■ claim for goods sold and delivered.</p> <p>Evidence — Contradiction of witness.</p> <p>An offer in the trial of a civil cause to show that in prior criminal proceedings plaintiff swore to statements which were false, without speci■fying any particular statement that was alleged to be false, is inadmissible.</p> <p>Evidence — Deceit—Worthless check.</p> <p>In an action in the nature of deceit to recover damages for the obtaining of goods by means of an alleged worthless check, the defendant may ■prove that when he gave the check he had money in the bank to meet it.</p> <p>Evidence — Deceit—Stopping payment of check — Intent.</p> <p>In an action of trespass in the nature of deceit to recover damages for the loss of goods obtained from plaintiff by fraud where the plaintiff alleges that he was induced t