Robinson v. Wiley
New York Court of Appeals
Appeal from the Supreme Court. The cause was tried before a referee, who found that Oren Sage and Edwin Pancost, recovered against the defendant two judgments, amounting together to about $670, for the price of goods sold by Sage & Pancost to the defendant; and that the goods were sold upon the faith of representations made by the defendant that he was worth from $2500 to $3000, over and above the debts which he owed; that a house and lot owned by him, situate in Pembroke,…
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Appeal from the Supreme Court. The cause was tried before a referee, who found that Oren Sage and Edwin Pancost, recovered against the defendant two judgments, amounting together to about $670, for the price of goods sold by Sage & Pancost to the defendant; and that the goods were sold upon the faith of representations made by the defendant that he was worth from $2500 to $3000, over and above the debts which he owed; that a house and lot owned by him, situate in Pembroke, Genesee county, was unincumbered, except by a mortgage for $300 or $400, and that there was no other claim or incumbrance…
1Opinion of the Court
Bowen, J
The relief demanded by the plaintiff in his complaint is. in substance, that the defendant may be deprived of the benefit of the exemption of his house and lot from sale on execution, so far as relates to the plaintiff’s two judgments, and to the sale of the house and lot on executions issued on those judgments, and this relief was awarded by the referee. The representations, therefore, of the defendant, as to his solvency and pecuniary ability generally, were wholly irrelevant and immaterial.
The defendant, for the purpose of inducing Sage & Pan-cost to sell him goods, represented to…
2Cited by2 opinions
- Provoost v. . CalyerNew York Court of Appeals · 1875
- Metcalf v. Crystal Brook Park Ass'nAppellate Division of the Supreme Court of the State of New York · 1901