Righter v. Parry

Citations

• 266 Pa. 373
• 109 A. 917
• 1920 Pa. LEXIS 577

Syllabus

<p>Deceit — Evidence—False statements — Fraud—Latitude of proof.</p> <p>1. An action of deceit will be sustained, where the evidence discloses a false statement by defendant in regard to a material fact, together with circumstances from which an intention to defraud may be found by the jury, if thereby plaintiff has guffered loss.</p> <p>2. In such eases the evidence is to be considered as a whole, and if, when so considered, it shows false statements by defendant in a number of instances by each of which he profits and plaintiff loses, the intent to defraud may be found by the jury.</p> <p>3. Fraud may be proved by circumstantial evidence.</p> <p>4. In cases of alleged fraud a latitude of proof is always allowed.</p> <p>Practice, O. P. — Strihing out evidence — Particular item — Point.</p> <p>5. The practice of moving to strike out all the evidence relating to a particular item of a claim is bad, and ordinarily will not be sustained.</p> <p>6. Usually the only remedy where evidence is admitted without objection is an appropriate point for charge.</p> <p>Appeals — Assignments of errors — Evidence—Quoting record— Exception — Practice, Supreme Court.</p> <p>7. An assignment of error to the action of the court below on a motion to strike out evidence, must quote the motion and the ruling thereon.</p> <p>8. Where no exception was taken to the court’s ruling on evidence the assignment of error specifying such ruling will be quashed.</p>