¶1 (after stating the case). While we are disposed to concur in the opinion that the letter is not itself a guaranty, and is not made such in law by the plaintiff’s communication of his own misconstruction of its import, so that an action can be maintained upon it as a contract, we think the second count does show facts sufficient to constitute a cause of action. It contains every essential element entering into the action for deceit, resulting in damage to'the trusting and defrauded creditor.
¶2 Information was sought before the goods were sold by the plaintiff; and the facts stated in answer, and upon the faith of which the goods were parted with, were untrue, known to the defendant to be untrue, and were so falsely set forth as that they were calculated and intended to deceive and mislead, and to induce the plaintiff through misplaced confidence to trust the applicant, and that he was thus misled through falsehood and fraud, and induced to part with his property to his 'hurt and damage. When these conditions exist, the legal liability results. 2 Greenl. Ev., §227; Thompson v. Bond, 1 Camp., 4; Stafford v. Newsom, 9 Ired., 507, and numerous -rulings in the different States to tliis effect, enumerated in 6 U. S. Dig., Title Fraud, §130; Irwin v. Sherrill, Tay., 1.
¶3*275 There was, therefore, error in the ruling Upon the second count, for which there must be a new trial, and it is so adjudged.
¶4 Error. Venire denovo.