Krueger v. . the Broadway Brewing and Malting Company
This text of 109 N.E. 1082 (Krueger v. . the Broadway Brewing and Malting Company) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It is unnecessary in this case, as it was in Zobrest v. East Buffalo Brewing Co. (210 N. Y. 626) and Chilcott v. Broadway Brewing & M. Co. (210 N. Y. 633), to construe the contract in suit. In those cases the plaintiffs, while still in default, attempted to recover their liquor tax certificates. In this case the plaintiff brought the action on the theory that an absolute assignment was obtained from him by fraud and has been beaten on that *723 issue. It is unnecessary, therefore, to determine whether the assignment was absolute, or only as security, or to decide what remedy, if any, is available to the plaintiff in case of the wrongful disposition of the liquor tax certificate by the assignee.
The judgment should he affirmed, with costs.
Willard Bartlett, Oh. J., Werner, Collin, Cuddeback, Miller, Cardozo and Seabury, JJ., concur.
Judgment affirmed.
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109 N.E. 1082, 215 N.Y. 722, 1915 N.Y. LEXIS 1162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krueger-v-the-broadway-brewing-and-malting-company-ny-1915.