Cour de Cassation, Chambre commerciale, du 25 avril 1974, 73-10.313, Publié au bulletin
Presiding Judge | PDT M. MONGUILAN |
Case Outcome | REJET |
Counsel | Demandeur AV. MM. CALON |
Date | 25 avril 1974 |
Docket Number | 73-10313 |
Court | Chambre Commerciale, Financière et Économique (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre commerciale N. 131 P. 105 |
MAIS ATTENDU QUE, DANS SES CONCLUSIONS D'APPEL, EMERY N'A PAS DEMANDE QUE L'IMPUTATION DE L'ACOMPTE QUI AVAIT ETE FAITE PAR LE TRIBUNAL DE COMMERCE SUR LE CAPITAL IMPAYE, LE SOIT D'ABORD SUR LES INTERETS;
QUE LE MOYEN, NOUVEAU ET MELANGE DE FAIT ET DE DROIT, EST AINSI IRRECEVABLE;
QUE LE MOYEN N'EST PAS FONDE;
SUR LE SECOND MOYEN : ATTENDU QU'IL EST ENCORE REPROCHE A L'ARRET DE N'AVOIR PAS LIMITE LES CONDAMNATIONS PRONONCEES CONTRE EMERY AU MONTANT DES ECHEANCES IMPAYEES DONT IL A ETE AVISE PAR LETTRES RECOMMANDEES LES 14 MAI ET 12 JUIN 1968, ALORS, SELON LE POURVOI, QUE LES TERMES CLAIRS ET PRECIS DE LA CONVENTION, SELON LESQUELS LA CAUTION S'OBLIGEAIT A...
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