Recommendation

The giving to a person a favorable character of another. When the party giving the character has acted in good faith, he is not responsible for the injury which a third person, to whom such recommendation was given, may have sustained in consequence of it, although he was mistaken. But when the recommendation is knowingly untrue, and an injury is sustained, the party recommending is civilly responsible for damages; 3 Term 51; Russell v. Clark's Ex'rs, 7 Cra. (U. S.) 60, 3 L. Ed. 271; Allen v. Addington, 7 Wend. (N. Y.) 9; Boyd's Ex'rs v. Browne, 6 Pa. 310; whether it was done merely for the purpose of benefiting the party recommended or the party who gives the recommendation. See Privileged Communications. And in case the party recommended was a debtor to the one recommending, and it was agreed, prior to the transaction, that the former should, out of the property to be obtained by the recommendation, be paid, or in case of any other species of collusion to cheat the person to whom the credit is given, they may both be criminally prosecuted for the conspiracy. See Character; Fell, Guar. c.

8; Barney v. Dewey, 13 Johns. (N. Y.) 224, 7 Am. Dec. 372; Wise v. Wilcox, 1 Day (Conn.) 22; Lobre v. Pointz, 5 Mart. N. S. (La.) 443.