Cohn v. Borst
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court without a jury. The action was brought upon a written lease under seal, executed by the plaintiff, and by the lodge through its committee to recover the rent due thereby to the plaintiff, for certain rooms therein leased to said lodge. At the time of the commencement of this action Jeremiah Borst was, and yet is, treasurer of Lodge No. 394 of Free and Accepted Masons.
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Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court without a jury. The action was brought upon a written lease under seal, executed by the plaintiff, and by the lodge through its committee to recover the rent due thereby to the plaintiff, for certain rooms therein leased to said lodge. At the time of the commencement of this action Jeremiah Borst was, and yet is, treasurer of Lodge No. 394 of Free and Accepted Masons. The lodge is one of the masonic lodges of this State. It is located at Cobleskill, Schoharie county, JN. Y. It existed for more…
1Opinion of the Court
LANDON, J.:
The lease upon which recovery was had recites that it was made and concluded between the plaintiff and “ Lodge No. 394 of Free and Accepted Masons, by their committee, S. J. Thatcher, L. T. Fox and C. Hamilton, of the second part.” That the lease is not ■the lease of the individual members of the committee, but is the * lease of the lodge, is apparent upon its face. ( Whitford v. Laidler, 94 N. Y., 145.) It is immaterial that the members of the commit*564tee signed the lease in their individual names, and did not repeat, after their signatures their representative character, or that…
2Cases cited7 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Whitford v. . LaidlerNew York Court of Appeals · 1883
- Ebbinghousen v. Worth ClubNew York Court of Common Pleas · 1878
- Tibbetts v. Blood & TubbsNew York Supreme Court · 1856
- Corning v. GreeneNew York Supreme Court · 1856
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