Phelps v. Maxwell

New York Supreme Court

Phelps v. Maxwell

2 Abb. N. Cas. 459

CourtNew York Supreme Court

DecidedSeptember 15, 1877

StatusPublished

Cited by2 cases

This text of 2 Abb. N. Cas. 459 (Phelps v. Maxwell) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Phelps v. Maxwell, 2 Abb. N. Cas. 459 (N.Y. Super. Ct. 1877).

Pincite

Opinion

Westbrook, J.,

Vacated 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.

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Westbrook, J.,

Vacated 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.

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Bluebook (online)

2 Abb. N. Cas. 459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phelps-v-maxwell-nysupct-1877.

Opinion

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