Penrod v. Mitchell, 8 S. & R. 522; Penrod v. Morrison, 2 Pen. & W. 126; Mott v. Danforth, 6 Watts, 305; Hopkins v. Beebe, 26 Pa. St. 85, 87; Kelsey v. Murphy, 26 Pa. St. 78, 84; Collins v. Cronin, 117 Pa. St. 35, 45 Contra. See note in 47 L. R. A. 433–440.
In Smith v. Tonstall, Carthew, 3, defendant was held liable for conspiracy with plaintiff’s debtor on scire facias to procure a false judgment and anticipate plaintiff by execution thereon and carrying off of all the debtor’s property. Findlay v. McAllister, 113 U. S. 104 (semble); Adams v. Paige, 7 Pick. 541 Accord. See Pullen v. Headberg, 53 Col. 502.
[553]. Only the opinion is given, and it is somewhat abridged.
[554]. In Randall v. Hazelton, 12 All. 412, plaintiff, a mortgagor, had a gratuitous promise from the mortgagee not to foreclose without notice. In order to obtain the property, defendant falsely told the mortgagee that plaintiff wished the mortgage assigned to defendant and obtained an assignment and foreclosed without plaintiff’s knowledge.
[555]. Statement, and part of opinion, omitted.
[556]. In Rice v. Manley, 66 N. Y. 82, plaintiff had a contract with a third person for a cheese. By means of a forged telegram defendant procured the third person to sell to him instead. The contract was within the Statute of Frauds, but it was found that the third person would have performed but for defendant’s act.
[557]. The arguments of counsel are omitted.
[558]. See American Ins. Co. v. France, 111 Ill. App. 382; Davis v. New England Pub. Co., 203 Mass. 470; Haney Mfg. Co. v. Perkins, 78 Mich. 1; Benton v. Pratt, 2 Wend. 385.
“[If, from the nature of the case, the amount of damage caused to a plaintiff by the tort of a defendant cannot be estimated with certainty, shall the defendant therefore be exonerated from liability?] Certainty, it is true, would thus be attained, but it would be the certainty of injustice.” Christiancy, J., in Allison v. Chandler, 11 Michigan, 542, 555. See also pp. 553–556.
[559]. Standard Oil Co. v. Doyle, 118 Ky. 662; Dickson v. Dickson, 33 La. Ann. 1261 Accord.