Schwartz v. Massy
Schwartz v. Massy
Opinion of the Court
Opinion by
§ 470. Misrepresentation and want of consideration; evidence offered in support of plea of, held admissible; case stated. Schwartz sued Massy upon a promissory note for $208.20. By special plea Massy alleged, in substance, that said note was procured from him by means of false and fraudulent representations made to him by said Schwartz, in this: that lie (Massy) had purchased three hundred and fifty head of sheep and had the sanie in possession; that Schwartz represented to him that he (Schwartz) had and held a valid, legal and subsisting mortgage lien upon said sheep, which was duly recorded; that said mortgage lien had been duty foreclosed by judgment, and that execution had been issued upon said judgment, and was then in the hands of the proper officer* to be levied upon said sheep; that said execution would be levied upon said sheep unless he (Massy) would execute said note; and that ho (Massy), believing said representations to be true, did execute said note; that said representations were wholly false, and were fraudulently made, etc.; and that said note is wholly without consid-eration, etc. Judgment was rendered for Massy. On the trial of the case Massy testified to facts which sustained his said special plea. Schwartz offered in evidence a judgment of a justice of the peace rendered in his favor, foreclosing a mortgage lien upon the sheep, said judgment being of date prior to the purchase of said
§ 471. Justice’s judgment admissible in evidence without certificate of county clerk, etc. If a judgment of a justice of the peace is otherwise admissible in evidence, it is not a valid objection to its admissibility that there is not appended to the certified copy of it a certificate of the clerk of the county court of the county in which it was rendered, that the justice who rendered it was at the time of its rendition a justice of the peace in such county.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.