Jewett v. Griesheimer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Edgar B. Jewett and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 15th day of August, 1904, upon the decision of the court, rendered after a trial at the Erie Trial Term, a jury having been waived, dismissing the complaint upon the merits.
1Opinion of the Court
Stover, J.:
The action is brought to recover rent alleged to have become due under a lease which it is alleged the defendant had guaranteed.
The plaintiff Jewett and several others were owners as tenants in common of an undivided four-fifths of the premises described in the complaint, and said plaintiff and another were as between themselves and the other tenants in common joint tenants of the remaining one-fifth of the premises.
The plaintiff was orally authorized by the other owners to look after the renting of the premises and the collecting and distribution of the rents, and while such…
2Cases cited1 opinion
- Laughran v. . SmithNew York Court of Appeals · 1878
3Cited by4 opinions
- Adler v. MilesAppellate Terms of the Supreme Court of New York · 1910
- Westwitt Realty Corp. v. BurgerAppellate Division of the Supreme Court of the State of New York · 1925
- Malday Realty Co. v. Security Trust Co.New York Supreme Court · 1937
- Nassoit v. HuberAppellate Terms of the Supreme Court of New York · 1911