Weil Bros. & Co. v. Cohn

Citations

• 4 Pa. Super. 443
• 1897 Pa. Super. LEXIS 141

Syllabus

<p>Evidence — Fraud—Conspiracy.</p> <p>In questions of fraud in consequence of a conspiracy, the declarations of any of the pavlies to the alleged conspiracy in the consummation of the common purposes are admissible.</p> <p>Fraud — Conspiracy—Charge of court.</p> <p>The issue being as to the existence of a fraudulent conspiracy the jury is properly instructed to the effect that: A conspiracy to defraud may be effected by the giving of a written obligation even though the original obligor was not a party to the conspiracy. That is to say, an obligation ■may be given in good faith by the obligor and a conspiracy entered into to use this obligation for a wrongful purpose.</p> <p>Conspiracy — Effect of cumulative evidence.</p> <p>The issue being one of alleged conspiracy to defraud, the question is properly left to the jury when the aggregate effect of the testimony is strong enough to carry the question to the jury although each of the statements of testimony taken by itself is slight and falls far short of establishing such conspiracy.</p>