Miller v. Barnett
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Elizabeth Miller and others, as trustees, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the 25th day of November, 1912, upon the verdict of a jury, and also from an order entered in said clerk’s •office on the 19th day of November, 1912, denying plaintiffs’ motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, P. J.:
The plaintiffs were the owners of some premises upon which was situated a barn in the village of Saratoga Springs. They appointed S. H. Myers & Co., real estate agents in Saratoga Springs, as their agents to look after the property and procure their tenants therefor. The evidence, uncontradicted, is to the effect that the authority of said agents did not extend to determining or altering the terms of any lease. Their duties were to procure tenants upon terms specified by the landlord and thereafter to collect rents under a lease as made. Negotiations *864were had between Myers & Oo.…
2Cases cited10 opinions
- Hopkins v. . ClarkNew York Court of Appeals · 1899
- Shotwell v. . DixonNew York Court of Appeals · 1900
- Alden v. Supreme Tent of the Knights of the MacCabees of the WorldNew York Court of Appeals · 1904
- Gillett v. Trustees of Village of KinderhookNew York Supreme Court · 1894
- Wilson v. Lester & HolbrookNew York Supreme Court · 1873
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3Cited by5 opinions
- Meriden Gravure Co. v. BedellAppellate Division of the Supreme Court of the State of New York · 1931
- People v. OhlsonAppellate Division of the Supreme Court of the State of New York · 1932
- Sidehill Corp. v. Glens Falls Insurance, New York County Courts1959
- Sigsbee v. New Era Manufacturing Co.Appellate Terms of the Supreme Court of New York · 1916
- Stone v. WeidyAppellate Division of the Supreme Court of the State of New York · 1931