James F. White & Co. v. Rosenthal

Citations

• 173 Pa. 175
• 33 A. 1027
• 1896 Pa. LEXIS 678

Syllabus

<p>Deceit — Pleading—Statement.</p> <p>In an action of deceit plaintiff’s statement shows a good cause of action where it avers that defendant, desiring to make a purchase of goods on credit submitted to plaintiffs an inventory taken the previous year showing large assets, and stated that he was indebted only to about one fifth the amount of his assets, that there were no judgment notes against him; ■that he was not liable as surety or guarantor, and that he knew of no claim that would affect his financial standing. That upon faith of these representations defendant obtained from plaintiff goods on credit; that said representations were false, and known to be so by defendant, and were made with intent to cheat and defraud plaintiffs of their goods, in which defendant was successful.</p> <p>Deceit — Fraud—Evidence.</p> <p>In an action'of deceit it appeared that defendant made a written statement to plaintiffs showing that his liabilities amounted to only about $7,500. About a year afterwards, seeking to obtain more goods on credit he stated to plaintiffs that his financial position was, if anything, better than the year before. He accordingly obtained the goods. The written statement was substantially correct as of the time it was made, but afterwards defendant greatly enlai’ged his business with no increase of capital. From his own testimony it appeared that he had gone to New York where plaintiffs did business with the avowed purpose of purchasing $60,000 worth of goods on a credit of from thirty to ninety days, and that on the very day of his interview with plaintiffs he had bought a large portion of this amount. Held, that the evidence was sufficient to sustain a judgment on a verdict for plaintiff.</p> <p>In the above case it was not error to admit evidence of debts created by purchases of goods after the day when the misrepresentations were made to plaintiffs by defendant inasmuch, as all of the transactions taken together indicated a scheme conceived by defend