Legal Opinion

Disken v. Herter

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 26 opinions

Appeal by the defendant, Maria Anna Herter, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of January, 1902, upon the report of a referee.

1Opinion of the Court

Patterson, J.:

This appeal is from a judgment entered upon the report of a referee in an action brought to recover damages for the breach of a contract. It appears that the defendant was the owner of five houses in the borough of Manhattan, in the city of Hew York, and that her husband, one Peter Herter, acted as her agent in making contracts connected with the construction of those houses. It is alleged in the complaint that on or about the 4th of June, 1901, a contract was entered into by the plaintiff with the agent, Peter Herter, under which contract the plastering work for such five *454houses…

2Cases cited1 opinion

  1. Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894

3Cited by26 opinions

  1. Fed. Sec. L. Rep. P 99,667 Reprosystem, B v. and N. Norman Muller, and Cross-Appellants v. Scm Corporation, and Cross-AppelleeCourt of Appeals for the Second Circuit · 1984
  2. Municipal Consultants & Publishers, Inc. v. Town of RamapoNew York Court of Appeals · 1979
  3. Schwartz v. GreenbergNew York Court of Appeals · 1952
  4. Church of God of Prospect Plaza v. Fourth Church of ChristAppellate Division of the Supreme Court of the State of New York · 1980
  5. Universal Products Co. v. EmersonSupreme Court of Delaware · 1935

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