¶1Vacated the order for the following, among other reasons : 1. The written declaration was so long prior to the sales that facts connecting it with the sales should be shown. 2. The oral statements to the plaintiff should, by a recital of the interview during which they were made, be connected with the actual sales: a general statement of a party that they were made to induce a credit cannot be accepted as proof. A party’s conclusions are no evidence ; he should state facts, so that the court can draw the conclusions.
2 Abb. N. Cas. 459
Phelps v. Maxwell
Decided September 15, 1877
New York Supreme Court · decided 1877-09-15
<p>Affidavit fob Abbest.—Evidence.—False Bepbesentations.— Pbactice.</p> <p>An affidavit to obtain an order of arrest for false representations, on the ground that the defendant had-given a written representation of solvency, &c., several months prior to the sale of goods, made in reliance upon the truth of such representations, should show facts connecting the sales with the declaration.</p> <p>Such an affidavit, alleging oral statements to the plaintiff, should by a recital of the interview during which they were made, connect them with the actual sales. A general statement of a party that they were made to induce credit is not enough.</p>
Decided 1877-09-15