Kind v. Barry
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, eighth district, borough of Manhattan, rendered in favor of the plaintiff, after a trial by the court without a jury.
1Opinion of the Court
Whitney. 3.
Defendant with others gave a power of attorney to three persons named, as his attorneys in fact. Plaintiff has recovered judgment against him upon a contract made by one only of the three. Presumptively such an authority was a joint one (Story Agency, § 42; Mechem Agency, § 77 and cases cited; Hawley v. Keeler, 53 N. Y. 114, 121); and there is nothing in the power of attorney to indicate the contrary, but much that is confirmatory. For this reason as well as that stated in Kind v. Cortis, decided herewith (ante, p. 186), the judgment should be reversed and a new trial ordered.
Seabur…
2Cases cited1 opinion
- Hawley v. . KeelerNew York Court of Appeals · 1873
3Cited by2 opinions
- Unterberg v. . ElderNew York Court of Appeals · 1914
- Unterberg v. ElderAppellate Terms of the Supreme Court of New York · 1911