State v. Delyon

Decided May 15, 1794

Pennsylvania Court of Common Pleas · decided 1794-05-15

THE defendant in this case, was indicted under the swindling act, for selling a blind horse, as and for a sound horse, excepting a blemish in one eye; when the defendant had been told he was a' blind horse, before the sale. The attorney-general contended, that this was an act of swindling, under the late law for preventing such deceitful practices.

Decided 1794-05-15

The Court,(present, Waties, J. and Bay, J.)

¶1after hearing counsel in reply, were of opinion, that this was not such a fraud as was indictable, either at common law or under the act of assembly. That it had the appearance of a breach of contract, or rather a concealment of a blemish, (if the defendant knew it,) for which he was answerable in damages in a civil suit. That to encourage a prosecution of this kind, would have a tendency to bring almost every civil injury into the jurisdiction of the court of sessions, which might be extremely injurious in its consequences, to £he community.