Kerley v. Mayer
New York Court of Common Pleas
Appeal from trial term. Action by Abram P. Kerley against Oscar Mayer for.rent reserved by a written lease made for a term of five years from May 1, 1892, at a rental of $2,000 per annum, payable monthly in advance. Plaintiff sued as assignee for the first six months’ rent. There was a judgment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtDaly, C. J.
One of the objections to the enforcement of the lease under which the rent is claimed, and which is dated April 26, 1892, is that the attorneys and agents of the lessor, Messrs. Havens & Beebe, who assumed to execute the lease on his behalf, were not lawfully authorized thereunto by writing. 2 Rev. St. p. 135. The only written authority produced on the trial was a pow7er of attorney which, it was conceded, was not received from the plaintiff by his agents until several months after they had signed the lease, although it bore date June, 1889; but they testified that long prior to the execution…
2Cited by18 opinions
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- Adler v. MilesAppellate Terms of the Supreme Court of New York · 1910
- Lawrence v. WhiteSupreme Court of Georgia · 1909
- Doherty v. Monroe Eckstein Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1921
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