Page:Federal Reporter, 1st Series, Volume 7.djvu/637

 BANK OF UONTBEAL V. THAYEB. 626 �fraud. The allegation is that defendant wrongfully, fraud- ulently, and falsely certified and represented that the certif- icates were issued in pursuance of the order of the district court of Clinton county, lowa ; that they constituted a first lien, and that they were given for iron rails furnished for constructing said road, whereas none of these things were true. �It is said that a fraudaient intent is not alleged ; but it is diffieult to see how representations as to a matter of fact can be wrongful, fraudulent, and false, without they are made with a fraudulent intent. It is certainly necessary to prove the intent, and of course it must be alleged, but no form of words is necessary. If the terms employed by the pleader, taken in their ordinary signification, necessarily include the idea of a fraudulent intent, that is enough. We must give to the term "fraudulently, " as found in the petition, the meaning which the law gives it, and which attaches to it in common «sage, to-wit, a deliberately-planned purpose and intent to deceive and thereby to gain an unlawful advantage. After stating what representations were made with sufficient particularity, it is enough to aver that they were wrongful, false, and fraudulent. It is not necessary in such a plead- ing to define the meaning of these terms ; and to say that the representations were made with intent to deceive, would add nothing to the allegation that they were falsely and fraudu- lently made. Langsdale y. Girton, 51 Ind. 99; Thomas v. Beebe, 25 N, Y. 24e; Bayard v. Malcolm, 2 John. 550; Norris v. Mile Dock Co. 21 Wis. 131 ; Watson v. Chesire, 18 lowa, 202. �2. The next proposition of defendant's counsel is that the first count of the petition is bad, because there is no allega- tion of fraud practiced by defendant upon the Joliet Iron & Steel Company, the payee thereof, or upon any one else. The petition does not state that the false and fraudulent rep- resentations were made with the intend to defraud any par- ticular individual, but it does state in substance that they were contained in certain written instruments, payable to the Joliet Iron & Steel Company, or bearer, and that, relying upon �v.7,no.6— 40 ��� �