Parkist v. Alexander
New York Court of Chancery
THE bill stated that, in 1804, William Tucker made a verbal agreement with William Alexander, now deceased? in his lifetime, for a lease to Tucker, in fee, for lot 4., in the village of Little Falls, subject to the annual rent of three pounds. That Alexander then acted as a sub-agent, to majtp. verbal agreements, under Barent Bleecker, who was the attorney in fact of Ellis, the owner of the property, and authorised to make and execute leases in his name.
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THE bill stated that, in 1804, William Tucker made a verbal agreement with William Alexander, now deceased? in his lifetime, for a lease to Tucker, in fee, for lot 4., in the village of Little Falls, subject to the annual rent of three pounds. That Alexander then acted as a sub-agent, to majtp. verbal agreements, under Barent Bleecker, who was the attorney in fact of Ellis, the owner of the property, and authorised to make and execute leases in his name. That, a. few months after that agreement, the plaintiff purchased Tupkefs right, for three dollars, and took possession of the premises, of…
1Opinion of the Court
The Chancellor.
The plaintiff is entitled to relief. The intestate was intrusted by him with the agency of procuring a lease in fee of the premises, in the name of Alexander M'Knight, and he promised to perform the trust. Instead of doing this, he, afterwards, purchases the equitable title of M'Knight, and, with the consent of M'Knight, but without the knowledge or consent of the plaintiff, took the lease in his own name, in consequence of this, a mortgage from M-Knight to the plaintiff, and which was duly registered prior to the taking of the lease, and prior to the deed of M'Khight, is now…
2Cited by27 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Rose v. HaydenSupreme Court of Kansas · 1886
- Iglehart v. WessonIllinois Supreme Court · 1866
- Tarbell v. . WestNew York Court of Appeals · 1881
- Fletcher v. McKeonAppellate Division of the Supreme Court of the State of New York · 1902
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