Zoeller v. . Riley
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn entered upon an order made April 18,1884, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the City Court of Brooklyn entered upon an order made April 18,1884, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. The nature of the action and the material facts are stated in the opinion. The burden of proof rests upon those who rely upon the estoppel to show all the facts in regard to the identity of the issue and of the parties. {Duchess of Kingston's Case, 2 Smith’s L. C. 784; Broom’s Leg. Max. 338; 1 Greenl. on Ev., §§ 532-538; Bigelow v. Winson, 1 Gray [Mass.], 299 ; Clemens v.…
1Opinion of the CourtEarl, J.
On the 26th day of September, 1878, James Cavanaugh, being the owner of some carriages, horses and other chattels used in a livery-stable kept by him in the city of Brooklyn, mortgaged them to Joseph H. Strauss, to secure the payment to him of $1,000 and interest on demand. Strauss took possession of the property under his mortgage January 21, 1879, and on that day caused it to be sold by auction, at which he purchased it for $1,000. On the same day he sold it to Joseph Cavanaugh, a son of James, for $1, 000, and took from him a mortgage thereon to secure the whole purchase-price payable on…
2Cases cited6 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Starin v. . KellyNew York Court of Appeals · 1882
- Leitch v. . WellsNew York Court of Appeals · 1872
- Campbell v. . HallNew York Court of Appeals · 1858
- Simpson v. . Del HoyoNew York Court of Appeals · 1883
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3Cited by26 opinions
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- In Re ArmenakisUnited States Bankruptcy Court, S.D. New York · 2009
- Chakales v. DjiovanidesSupreme Court of Virginia · 1933
- Matson v. PoncinSupreme Court of Iowa · 1911
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