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,…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] If the plaintiff has any legal remedy for the injury of which he complains, it is clear that that remedy has not been properly pursued in the present case, and that the judgment therein cannot be sustained consistently with the well established principles of the common law, and the repeated decisions of this court. The difficulty in the case, and the error of the court below, will be most readily seen and appreciated by referring to some of the distinctions…
2Cited by31 opinions
- Rogers v. DuhartCalifornia Supreme Court · 1893
- Cone v. IvinsonWyoming Supreme Court · 1893
- Wamsley v. . Atlas Steamship Co.New York Court of Appeals · 1901
- Worthington v. HannaMichigan Supreme Court · 1871
- Manning v. . MonaghanNew York Court of Appeals · 1863
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