Schwartz v. Jacobs

Lewis, David C., J.

The plaintiffs move for a body execution. The defendant opposes on the ground that this action must be considered solely as an action to secure restitution, based upon rescission.

If defendant’s argument is sound, the case cannot come within the province of sections 764 and 826 of the Civil Practice Act and a body execution cannot issue.

The amended complaint, among other things, alleges that the defendant, in order to induce the plaintiffs to part with the sum of $800 and deliver the same to the defendant, falsely and fraudulently represented to the plaintiffs that the…