Williams v. Charlier
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elisée Gharlier, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of September, 1896, upon the decision of the court rendered after a trial at the New York Special Term. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Hatch, J.:
We have no power to right the wrong which has been done the plaintiff in this case by the systematic villainy of the person whom she chose as her trustee. We can only determine to whom belong the note and mortgage, which are the subject of the action, from the evidence in the case, applying thereto the rules of law which govern the respective rights. The facts are not complicated, and we think, as between the parties, that both the legal and equitable right is clear. The plaintiff resides in London, England; the defendant in France. Both selected one Francis H. Weeks as a trusted…
2Cases cited3 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Ferris v. . Van VechtenNew York Court of Appeals · 1878
- Higgins v. HigginsNew York Supreme Court · 1883
3Cited by1 opinion
- People ex rel. United Natural Gas Co. v. PriestAppellate Division of the Supreme Court of the State of New York · 1912