Scheftel v. Hatch
Scheftel v. Hatch, 25 N.Y.S. 240 (N.Y. Sup. Ct. 1893)
Headnotes
1. False Representations—Evidence.
In an action, for false representations made by defendant to plaintiff’s salesman as to the solvency of a firm to which plaintiff sold goods, and of which defendant was manager, testimony of the salesman that before he started on the trip on which he made the sale plaintiff instructed him that he had better not sell to that concern; that it had formerly paid its bills promptly, but was getting slower and slower of late, and that he did not think it safe to sell,—is admissible to show a reason why the statement of the condition of the firm was asked for.
A Same—Book Entry.
An entry in the salesman’s book, “Statement by H., [defendant] 40 M., and sold him bill,” is admissible to corroborate the salesman’s testimony as to the alleged representations n&de by defendant, where the salesman testifies that he made the entry at the time of the sale.
Summary
Appeal from circuit court.
Action by Adolph Scheftel against Jesse W. Hatch. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
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Opinion of the Court
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PER CURIAM.
Judgment and order appealed from affirmed on the opinion of RUMSEY, J., at circuit.
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