119 N.W. 39 | N.D. | 1908
This is an appeal from a judgment in favor of the-plaintiff and an order -of the district court of Grand Forks county denying defendant’s motion for a new trial.
The action was brought to recover damages claimed by reason of the levy on and sale under execution of certain personal property-belonging to the plaintiff, claimed by him to be exempt. The defendant justifies the sale under the claim that the firm of which the plaintiff was a member had secured the credit and goods for which the debt was owed from it under false pretenses, by reason of which the plaintiff was not entitled to those exemptions known-, as additional exemptions, included in which were the goods sold by the defendant. These false pretenses are charged to have been made through certain financial statements given by plaintiff’s firm-to several mercantile agencies, for the information of their subscribers, among whom was the defendant, and by means of one statement made to -the defendant itself. It is claimed that these-various statements grossly exaggerated the assets of plaintiff’s firm, and gave its liabilities at a materiall}’- smaller sum than they in fact-were and that by reason of relying upon the truthfulness o-f such representations the defendant was induced to extend the credit on which the judgment was recovered, and execution complained of',
We therefore conclude that the verdict was excessive in the sum of $100. The district court is directed to permit the plaintiff to remit $100 of the judgment entered, if he does so within 30 days after the clerk receives the remittitur. If the plaintiff fails to remit this sum, a new trial is granted. Let each party pay his own costs.