Goulet v. . Asseler
New York Court of Appeals
Appeal from the Superior Court of the city of New York. Action for taking, selling and converting to the defendants’ use a quantity of wines, liquors, cigars and bar furniture, the stock and utensils of a restaurant.
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Appeal from the Superior Court of the city of New York. Action for taking, selling and converting to the defendants’ use a quantity of wines, liquors, cigars and bar furniture, the stock and utensils of a restaurant. The plaintiff made title under a chattel' mortgage executed to him by M. Caussidiere and E. Bonnier; and the defendants justified under a judgment and execution against the mortgagors, in which judgment they were the plaintiffs, the execution being levied on the property by their direction. The mortgage was dated March 19,1855, and purported to be for the security of $1,200,…
1Concurrence
There is no material distinction between the facts in this case and those in Hull v. Carnley, which has been twice before us. There are some circumstantial differences, but none which affect the principle of the action.
For instance, the defendants in that case were the officer and the judgment creditor, while here the creditors alone are sued. There, the property, though sold in parcels, was all purchased at the sale on the execution by one person, while, in the present case, there was more than one purchaser, but how many does not appear. The property in question in Hull v. Carnley, was a…
2Cases cited1 opinion
- Van Antwerp v. NewmanNew York Supreme Court · 1824