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13 Serg. & Rawle 318

Raymond v. Baar

Supreme Court of Pennsylvania

Decided October 27, 1825

Supreme Court of Pennsylvania · decided 1825-10-27

IN ERROR. The case in the Court of Common Pleas of Huntingdon county, to which this writ of error issued, was indebitatus assumpsit, by Charles Raymond, the plaintiff below, and plaintiff in error, against John Baar, for goods sold and delivered, and on the common money counts, to which court the defendant appealed, from the decision of a justice of the peace.

Decided 1825-10-27

Per Curiam.

¶1This is a very plain case. The plaintiff was guilty of most unreasonable negligence. He kept the note six months, after he knew it to be counterfeit, without giving notice to the defendant. It was his duty to return it to the defendant, as soon as he discovered it to be counterfeit. There was no suggestion of fraud in the defendant, in passing the note to the plaintiff. He supposed it to be genuine. If it had been returned to him in any reasonable time, he might have had recourse to the person from whom he recived it. But in consequence of the plaintiff retaining it so long, he has lost all chance of redress; because, it would be extremely difficult, after the lapse of six months, to identify the note, or prove from whom it was received. No plausible reason has been, or can be given, in justification of the plaintiff’s conduct. It was what is termed in law, crassa negligenta, gross negligence, and he ought to suffer for it. The charge of the Court of Common Pleas was perfectly correct, and the judgment should be affirmed.

¶2Judgment affirmed.

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