New York Supreme Court, 1877

Phelps v. Maxwell

Phelps v. Maxwell
New York Supreme Court · Decided September 15, 1877 · Westbrook
2 Abb. N. Cas. 459

Counsel

William B. Hornblower (Chamberlain, Carter & Eaton, attorneys), for motion., Thomas Stevenson (A. J. Heath, attorney), opposed.

Phelps v. Maxwell

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.