Farwell v. Metcalf

Citations

• 61 Ill. 372

Syllabus

<p>1. Case—declaration—scienter—demurrer. Where the declaration in an action for deceit in falsely representing a third person fit to be trusted, averred that the defendant intended fraudulently to deceive and injure the plaintiff, and that the representations made by him were falsely, fraudulently and deceitfully made, and defendant well knew the parties were not fit to be trusted: Reid, that this declaration was substantially good, although, in the averment negativing the truth of the representations, it is not averred that the defendant knew them to be false, and it was error to sustain a demurrer to such a count in a declaration.</p> <p>2. Counts which aver that the representations were made with intent to deceive and defraud the plaintiff, but omit to aver in terms that defendant knew the insolvency of the parties to whom the credit was given, are substantially good, and are not obnoxious to a demurrer. Such words import knowledge.</p>