State v. Delyon

Pennsylvania Court of Common Pleas

State v. Delyon

1 S.C.L. 353

DecidedMay 15, 1794

StatusPublished

This text of 1 S.C.L. 353 (State v. Delyon) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Delyon, 1 S.C.L. 353 (Pa. Super. Ct. 1794).

Pincite

Opinion

The Court,

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

after 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.

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The Court,

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

after 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.

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Bluebook (online)

1 S.C.L. 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-delyon-pactcompl-1794.