Lingke v. . Wilkinson
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants, entered on the decision of the court at Special Term.
Read the full summary
Appeal from, judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants, entered on the decision of the court at Special Term. The action was brought by the plaintiff, who was the owner of certain real estate in the city of Auburn, to set aside a lease thereof, executed in February, 1864, by the defendant Lyman L. Wilkinson, as her agent, acting under a power of attorney, to defendant George B. Wilkinson ; and, also, for an account and recovery of the profits derived from increased rents on relettings of the premises. After…
1Dissent
Dwight, C.
(dissenting). The facts of the case, as found by the referee, present the question, whether an agent having a power of attorney, in the absence of his principal, to make a lease of land, can enter into such a lease with his own son, so as to make it binding as against the principal, or, whether, on the other hand, the case falls within the principle of the general rule of law, that a trustee or other person acting in a fiduciary capacity can not deal for his own benefit.
In considering this question, it will be assumed, as the referee.has found, that there was no actual fraud in the…
2Cases cited5 opinions
- Cumberland Coal & Iron Co. v. ShermanNew York Supreme Court · 1859
- Boerum v. . SchenckNew York Court of Appeals · 1869
- Conkey v. . BondNew York Court of Appeals · 1867
- Conkey v. BondNew York Supreme Court · 1861
- Rhabb v. New York City Housing AuthorityNew York Court of Appeals · 1976