The giving to a person a favorable character of
2. When the party giving the character has acted in good faith, he is
not responsible for the injury which a third person, to whom such
recommendation was given, may have, sustained in consequence of it, although he
3. But when the recommendation is knowingly untrue, and an injury is
sustained, the party recommending is civilly responsible for damages; 3 T. R.
51; 7 Cranch, 69; 14 Wend. 126; 7 Wend. 1; 6 Penn. St. R. 310 whether it was
done merely for the purpose of benefitting the party recommended, or the party
who gives the recommendation.
4. And in case the party recomended was a debtor to the one
recommending, and it was agreed prior to the transaction, that the former
should, out of the property to be obtained by the recommendation, be paid; or
in case of any other species of collusion, to cheat the person to whom the
credit is given, they may both be criminally prosecuted for the conspiracy.
Vide Character, and Fell on Guar. ch. 8; 6 Johns. R. 181; 1 Davis Ca. Er. 22;
13 Johns. R. 224; 5 N. S. 443.
Source: Bouviers Law Dictionary 1856 Edition