Paul v. Eurich
Paul v. Eurich
Opinion of the Court
Opinion by
Tried by the rule clearly and concisely laid down in Rod-man v. Thalheimer, 75 Pa. 232, there was nothing in this case to be submitted to the jury. Admitting that Newhauser, the vendee of the plaintiff, was insolvent and that he knew it, there was neither artifice, trick nor false pretense used by him as the means of obtaining possession of the goods purchased from the plaintiff. All that he knew he communicated to the plaintiff’s salesman. Iiis financial condition was fully and frankly laid bare. The salesman testifies: “ I asked him about his financial standing, and he told me that he did not buy anything outside of us, Long & Davidson, Hathaway, Soule & Harrington and Carlisle Shoe Co. He said outside of that that he did zzot owe hardly anything. He told me his father helped him azid his father advanced him money — advanced hizn all the znoney he had in business izi Lebanon; and, if he came to Lancaster in business, he would help him. There would be no trouble whatever. He said he did not owe anything practically outside of his father, and then these bills he bought to opezi his store here. He never told me he had any money from his wife.” This conversation occurred in Lebanon before the rezzzoval of the store to Lancaster. It was a frank adznission that he was then izi debt to sundry parties beside the plaizztiff; that all the mozrey izi his business had been advanced by his father and his hope for the future, if he went to Lazicaster, was in his father, and that the goods necessary to open the ziew store were to be bought upon credit. What more could he say ? If the plaintiffs, upozi these representations, sold the goods, they did so at their own risk. The representations were made on the 2d of February, 1894. The figures representizig the indebtedness were given to the same salesman 24th of May, 1894. How many of the debts enumerated in the schedule were contracted after the 2d of February does not in anjr way appear. Viewed from any standpoizit, we think the trial judge izi the court below was justified in saying to the jury in this case, “ I do not see anything to leave to a jury.” This sufficiently disposes of the first, second, third, fourth, fifth, sixth, seventh, eighth and eleventh assignments of error.
John B. Newhauser, the father of the vendee of the plaintiff, for whose use a judgment had been confessed on the 24th of
Reference
- Full Case Name
- Mickle C. Paul, trading as Paul Brothers v. Henry Eurich, in trust for John B. Newhauser
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Contract — Fraud—Knowledge of insolvency. Under the rule of Rodman v. Thalheimer the knowledge of insolvency-does not avail to avoid a contract in the absence of either artifice, trick or false pretense used by a vendee in obtaining possession of goods purchased. Contract — False representations — Question for jury. No false pretense can be set up to avoid a sale where the vendor sold with knowledge of vendee’s indebtedness for money borrowed, communicated by vendee and covering a practically truthful statement of his financial situation. Under such conditions there is no question to leave to the jury. Judgment — Satisfaction by mistake. Where the owner of a senior judgment satisfied it by mistake and the court subsequently struck off the satisfaction from the record, the judgment will not lose its priority of lien of junior judgments or other rights which have in no manner been prejudiced either by the entry of satisfaction or by the action of the court in striking it off.