Superior Court of Delaware July 1, 1833 (Fooks v. Waples)

By the

—In this case it was incumbent on the plff. to prove that the deft, made a false representation of the solvency of Waggoman, knowing it to be false, and with the intent to deceive and defraud the plff. The knowledge must be proved. It has been argued that the fact of the recommendation proves a knowledge of the circumstances. We can’t agree to this conclusion.