Antoni v. Belknap
Massachusetts Supreme Judicial Court
Tort, by Joseph Antoni and the heirs of his deceased brother Paul Antoni, for breaking and entering a close in Springfield, owned by the plaintiffs as tenants in common, and removing therefrom an ice-house in July 1867. The defendants justified under a lease of the close, dated May 1, 1865, for three years from date, at a yearly rent of fifteen dollars, executed to them by Luke Harvey, “ as agent for Joseph and Paul Antoni.”
Read the full summary
Tort, by Joseph Antoni and the heirs of his deceased brother Paul Antoni, for breaking and entering a close in Springfield, owned by the plaintiffs as tenants in common, and removing therefrom an ice-house in July 1867. The defendants justified under a lease of the close, dated May 1, 1865, for three years from date, at a yearly rent of fifteen dollars, executed to them by Luke Harvey, “ as agent for Joseph and Paul Antoni.” At the trial in the superior court, before Brigham, J., the plaintiff’s proved a conveyance of the close to Joseph and Paul in October 1851; and it appeared that Paul…
1Opinion of the CourtWells, J.
At the trial in the superior court, the presidirg judge ruled, and instructed the jury in substance, that, undnr the authority given by Joseph Antoni, the lease of the premises made in his behalf by Harvey to the defendants was bindir g upon him and justified the acts done by the defendants.
We do not think that the testimony of Harvey, as stated in the bill of exceptions, established an authority sufficient for that purpose. It appears to us to limit the agency, and the authority of the agent, to the period of the absence of Joseph from the country. His return terminated the agency; and his…
2Cases cited1 opinion
- Rising v. StannardMassachusetts Supreme Judicial Court · 1821
3Cited by10 opinions
- Roberts v. Lynn Ice Co.Massachusetts Supreme Judicial Court · 1905
- McClintic-Marshall Co. v. Ford Motor Co.Michigan Supreme Court · 1931
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1911
- Watriss v. First National Bank of CambridgeMassachusetts Supreme Judicial Court · 1878
- Lash v. AmesMassachusetts Supreme Judicial Court · 1898
5 more not listed; retrieve them via the Exa API.