Spitzer v. Born, Inc.
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, borough of Manhattan, ninth district, in plaintiff’s favor, after a trial before the court without a jury.
1Dissent
Mullan, J. (dissenting).
I dissent. Were it not for the contrary view entertained by my learned brethren, I should have thought it was fairly plain that the execution of the lease by its president bound the defendant. The defendant’s business was that of making confectionery. The lease was obtained, as it itself shows, for that purpose. Concededly, the plaintiff did not know of the by-laws referred to. Was not the making of the lease contract within the apparent scope of the president’s authority? I see no more reason to doubt his right to hire this place than to question his ability to bind…
2Cases cited5 opinions
- Hastings v. Brooklyn Life InsuranceNew York Court of Appeals · 1893
- Rathbun v. . SnowNew York Court of Appeals · 1890
- Bohm v. V. Loewer's Gambrinus Brewery Co.New York Court of Common Pleas · 1890
- Gause v. Commonwealth Trust Co.Appellate Division of the Supreme Court of the State of New York · 1908
- In re TinneyAppellate Division of the Supreme Court of the State of New York · 1919