How have the courts interpreted the general plea of fraud in an action on a bond?

Ontario, Canada


The following excerpt is from Petrie v. Guelph Lumber Co., 1885 CanLII 17 (ON CA):

In Evans v. Edmonds, 13 C.B. 777, fraud was pleaded to an action on a bond—not the general plea, but an allegation of specific facts. A verdict having been rendered for the defendants upon evidence which proved a gross fraud, the plaintiff moved for judgment non obstante veredicto for want of an allegation of scienter in the plea. The plea was held good after verdict. Maule, J., thus stated the law: “I conceive that if a man having no knowledge whatever on the subject, takes upon himself to represent a certain state of facts to exist, he does so at his peril; and if it be done either with a view to secure some benefit to himself or to deceive a third person he is guilty in law of a fraud, for he takes upon himself to warrant his own belief of that which he so asserts.”

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