State v. Delyon

Pennsylvania Court of Common Pleas

State v. Delyon

1 S.C.L. 353

Pennsylvania Court of Common Pleas·Decided May 15, 1794·Published

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.

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

Pincite

1 S.C.L. 353 (State v. Delyon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.