Kernochan v. Wilkens
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry Wilkens, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the the 9th day of December, 1895, upon the verdict of a jury rendered by direction of the court after a trial at the Hew York Circuit, and also from an order entered in said clerk’s office on the 13th day of December, 1895, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Henry Wilkens, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the the 9th day of December, 1895, upon the verdict of a jury rendered by direction of the court after a trial at the Hew York Circuit, and also from an order entered in said clerk’s office on the 13th day of December, 1895, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover rent under a written lease under seal. In the title of the action the plaintiffs were named as…
1Opinion of the Court
Williams, J.:
It must be conceded that the lease was not made in form by the plaintiffs, either as executors or as trustees. Appropriate words were not used in the body of the lease and the signatures were not in proper form to make the lease one by the plaintiffs as executors or trustees. The property did not belong to the plaintiffs personally or as individuals, but as executors and trustees, and they very likely intended to make the lease in their capacity as executors and trustees, but it was not properly done. It was in form legally a lease by them as .individuals; the words trustees,…
2Cases cited7 opinions
- Laughran v. . SmithNew York Court of Appeals · 1878
- Randall v. Van VechtenNew York Supreme Court · 1821
- Schaefer v. . HenkelNew York Court of Appeals · 1878
- Thomas v. . NelsonNew York Court of Appeals · 1877
- Coudert v. . CohnNew York Court of Appeals · 1890
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3Cited by3 opinions
- Snyder v. HardingWashington Supreme Court · 1905
- Aimone Manufacturing Co. v. SchultzAppellate Division of the Supreme Court of the State of New York · 1924
- McColgan v. KatzAppellate Terms of the Supreme Court of New York · 1899