Forman v. Berry
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Morris Berry, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 24th day of January, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 26th day of January, 1914, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Carr, J.:
The defendant, a resident of Denver, Colorado, gave to his father, Harris Berry, a resident of Brooklyn, a formal power of attorney under seal, dated October, 1908. This instrument conferred specifically upon the attorney in fact certain powers as to bonds and mortgages held or to be held by the principal. It then granted power as to the principal’s real estate in language as follows: “ and also to sell, convey or mortgage any real estate, or interest therein, and for me and in my name and as my act and deed to sign, seal, execute and deliver deeds and mortgages or other necessary…
2Cases cited4 opinions
- Hampton v. MoorheadSupreme Court of Iowa · 1883
- Beck v. DonohueAppellate Terms of the Supreme Court of New York · 1899
- McNally v. Georgia-Florida Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Block v. DundonAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Pedersen v. Stockard Steamship Corp.Appellate Division of the Supreme Court of the State of New York · 1944
- Lee v. Mount Ivy Industrial Developers, Inc.Appellate Division of the Supreme Court of the State of New York · 1969