Lingke v. . Wilkinson
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants, entered on the decision of the court at Special Term.
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Appeal from, judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants, entered on the decision of the court at Special Term. The action was brought by the plaintiff, who was the owner of certain real estate in the city of Auburn, to set aside a lease thereof, executed in February, 1864, by the defendant Lyman L. Wilkinson, as her agent, acting under a power of attorney, to defendant George B. Wilkinson ; and, also, for an account and recovery of the profits derived from increased rents on relettings of the premises. After…
1Opinion of the Court
Lott, Ch. C.
The findings of fact hy the judge at Special Term, having been affirmed by the General Term, are conclusive on us. It appears that the evidence taken by the referee, on which he found and reported those facts under the order of reference to him, was not presented to the judge on the trial of the issues, and he consequently assumed, as he was bound to do, that those facts were established. They show that the defendant Lyman L. Wilkinson, in the exercise of the power conferred on him by the plaintiff, after an unsuccessful effort for some time to rent the premises in question to…
2Cases cited2 opinions
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Case v. . CarrollNew York Court of Appeals · 1866
3Cited by6 opinions
- Curotto v. HammackSupreme Court of Missouri · 1951
- Trammell v. Columbus RailroadCourt of Appeals of Georgia · 1911
- State Ex Rel. Jones v. IngramWest Virginia Supreme Court · 1951
- Seymour v. SeymourNew York Supreme Court · 1923
- Taylor v. KleinAppellate Division of the Supreme Court of the State of New York · 1900
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