Barkin Construction Co. v. . Goodman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 11, 1915, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 11, 1915, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The fact that plaintiff received the fruits of the transaction and used the $5,000 for its own benefit supported the inference that the persons then purporting to represent the plaintiff were authorized to bind it by the arrangement made. In any event an inference that plaintiff ratified and…
1Opinion of the CourtCardozo, J.
The plaintiff appointed the defendants its renting agents for an apartment house known as the Chesterfield in the city of New York. At the close of the agency, a balance of rent was in the defendants’ hands. For this the plaintiff sues. The defendants have proved an agreement by which the rent was to be held as security for a loan. The question is whether the plaintiff’s agents were authorized to make the pledge.
In January, 1912, the Barkin Construction Company was the owner of the Chesterfield apartments. It was unable to pay the interest then due upon the mortgage. The interest amounted to…
2Cases cited6 opinions
- Martin v. WebbSupreme Court of the United States · 1884
- Martin v. Niagara Falls Paper Manufacturing Co.New York Court of Appeals · 1890
- Hall v. Herter Bros.New York Supreme Court · 1894
- Fifth National Bank of Providence v. Navassa Phosphate Co.New York Court of Appeals · 1890
- Hall v. Herter Bros.New York Supreme Court · 1895
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- State, Dept. of Ecology v. TheodoratusWashington Supreme Court · 1998
- City & County of Denver v. SheriffSupreme Court of Colorado · 1939
- Rothman & Schneider, Inc. v. BeckermanNew York Court of Appeals · 1957
- In re the Estate of GerbereuxNew York Surrogate's Court · 1933
- Crest Drug Store, Inc. v. LevineSupreme Court of New Jersey · 1948
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