Civil Procedure Reports 7

Cover Civil Procedure Reports 7
Civil Procedure Reports 7
New York (State)
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§683.
AUaekment. — When faUe ttcUements to mercantile agency metain claim that tale of goods teas procvred hy fraud. — What amounts to fraudulerit disposition of property, — Rescinding sale of goods, — Effect on former sales.
If, where goods were sold upon a credit of four months, the indebted- ness was fraudulently contracted, the terms of credit are not bind- ing upon the seller but he may bring an action for the recovery of the purchase price of the goods in the same manner as if no agree* m
...ent for any period of credit had been made,[^] and if, in such a case, one of the grounds on which an attachment was issued was that the defendant hud become indebted to the plaintiff for the price or yalue of the goods, that fact may be established by' proving the fraud, in answer to affidavits on the part of the defendant that the term of credit had not expired. [^] Where, in an action to recover the purchase price of goods the sale of which was alleged to have been fraudulently procured, it appeared that the defendants stated to a commercial agency that their assets were $166,000 and their liabilities $65,000, and that this statement was communicated to the plaintiffs and they relied thereon in sell- ing and delivering.

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