Henricus v. . Englert
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 22, 1892, which affirmed a judgment in favor of defendant entered upon the report of a referee. This was an action upon a bond executed by defendant as surety for one Leonard Vogel.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 22, 1892, which affirmed a judgment in favor of defendant entered upon the report of a referee. This was an action upon a bond executed by defendant as surety for one Leonard Vogel. In September, 1884, these plaintiffs, signing themselves as agents, entered into a contract with the village of Brockport to erect a village building,'4 according to plans and specifications drawn and prepared by II. D. Gleason, architect, for the sum of $9,100. Thereafter, they…
1Opinion of the CourtEabl, J.
The plaintiffs attached to their names in their contract with the village the word “ agents,” and it appeared upon the trial that in the making of the contract and the erection of the building they were actually the agents of them wives, although the contract did not purport to bind and did not describe or nam'e the wives as principals. In form it bound the plaintiffs only. They were obligees in the bond under the name of “ M. Henricus & Son, agents,” no other person being described or named in any way as obligee. One of the defenses insisted upon by the defendant was that the plaintiffs were…
2Cases cited2 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Post v. LoseyIndiana Supreme Court · 1887
3Cited by40 opinions
- School District ex rel. Koken Iron Works v. LiversSupreme Court of Missouri · 1899
- Bowers v. American Surety Co.Court of Appeals for the Second Circuit · 1929
- Crowley v. LewisNew York Court of Appeals · 1925
- Spencer v. HuntingtonAppellate Division of the Supreme Court of the State of New York · 1905
- Mutual Life Insurance v. NicholasAppellate Division of the Supreme Court of the State of New York · 1911
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