Berwick v. Dusenbury
New York Court of Common Pleas
Appeal by the defendants from a judgment of the Seventh District Court. The action was brought for rent for the month of June, 1866, of certain premises, which had been hired by Mrs. Dusenbury, in the absence of her husband and without his authority, from the plaintiffs, for one year from May 1, 1866, on which day she went into possession.
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Appeal by the defendants from a judgment of the Seventh District Court. The action was brought for rent for the month of June, 1866, of certain premises, which had been hired by Mrs. Dusenbury, in the absence of her husband and without his authority, from the plaintiffs, for one year from May 1, 1866, on which day she went into possession. Her husband returned on the 6th day of the same month, and, without notifying the plaintiffs that he repudiated the contract of his wife, occupied the premises with her till May 23 or 24, when they vacated the premises. The justice rendered judgment for the…
1Opinion of the Court
By the Court.—Brady, J.
It may be assumed that the defendant’s wife had no authority, express or implied, to hire the premises from the plaintiff, and yet the judgment rendered herein must be sustained. The defendant’s wife took possession of the premises on the 1st of May, 1866, and the defendant, when he returned on the 6th of May ensuing, also went into possession of them, and remained until the 23d or 24th of the same month. He did not, for aught that appears, during his occupancy in any manner advise the plaintiff or his agent that his wife had acted without authority, and that he did not…
2Cases cited6 opinions
- Cairnes v. BleeckerNew York Supreme Court · 1815
- Commercial Bank of Buffalo v. . WarrenNew York Court of Appeals · 1857
- Bridenbecker v. LowellNew York Supreme Court · 1860
- Nixon v. . PalmerNew York Court of Appeals · 1853
- Sage v. . ShermanNew York Court of Appeals · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Evans v. Crawford County Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1906
- Avery v. DoaneDistrict Court, W.D. Wisconsin · 1854