Spitzer v. Born, Inc.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, ninth district, in plaintiff’s favor, after a trial before the court without a jury.
1Opinion of the CourtFinch, J.
The action was brought to recover one month’s rent claimed to be due under a lease between the parties. The defendant was a corporation and the lease signed “ Born, Inc. (L. S.) Samuel H. Born, Pres. (L. S.).” No corporate seal was attached. The defendant claimed that the lease did not constitute a corporate' obligation. In support of this defendant submitted a copy of the by-laws, which apparently provide that all contracts shall be executed by both the president and the secretary. It is conceded that the secretary had knowledge of the execution of the lease, and there was no contradiction…
2Cases cited2 opinions
- Rathbun v. . SnowNew York Court of Appeals · 1890
- Gause v. Commonwealth Trust Co.Appellate Division of the Supreme Court of the State of New York · 1908