¶1in summing up the case to the jury, told them, that the question was, whether the representation was true in substance, according to the defendant’s knowledge and belief. If so, the action could not be maintained, for it was founded on a supposed fraud; and that fraud must be proved, as it formed the gist of the action. Verdict for defendant.
23 F. Cas. 688
Tappan v. Darling
U.S. District Court
Decided October 15, 1822
U.S. District Court · decided 1822-10-15
Case for a false affirmation of the credit of one Samuel Darling, the brother of the defendant [Joshua Darling], whereby the plaintiff [Charles Tappan] was induced to trust him for. $665 75, with the usual averment, that the .plaintiff had wholly lost the same, Samuel Darling being insolvent, &c. At the trial, a letter, addressed by the defendant to the plaintiff on the 6th of October, 1818, with an indorsement on it of Samuel Darling as bearer, was produced, containing this…
Decided 1822-10-15