Coudert v. . Cohn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 15, 188Y, which affirmed a judgment entered in favor of plaintiffs upon a verdict. The lease was void because not signed by the plaintiff, or his lawful agent, “ thereunto authorized by writing.”
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 15, 188Y, which affirmed a judgment entered in favor of plaintiffs upon a verdict. The lease was void because not signed by the plaintiff, or his lawful agent, “ thereunto authorized by writing.” (2 R. S. 135, § 6; 4 id. [Banks, 8th ed.] 2589; Woods on Stat. Frauds, 61.) The yearly term expired on August 1, 1885, and defendants having quitted then were not further liable. (Doe v. Bell, 5 Term Rep. 471; 2 Smith’s L. C. 72; People v. Rickert, 8 Cow. 231; Laughran…
1Opinion of the CourtBradley, J.
The action was brought to recover rent of premises described in a written lease made by the agent of the plaintiffs’ intestate to the defendants in January, 1884, for the term of two years and five" months, commencing on the first day of March, 1884, and ending on the first day of August, 1886, at the yearly rent of $3,000, payable in equal monthly payments, on the last business day of each month. The authority of the agent to make the lease not being in writing it was void. (2 R. S. 134, § 6.) The defendants went into possession on the first of March, 1884, and continued to occupy and pay…
2Cases cited4 opinions
- Reeder v. . SayreNew York Court of Appeals · 1877
- Laughran v. . SmithNew York Court of Appeals · 1878
- People ex rel. Kline v. RickertNew York Supreme Court · 1828
- Porter v. BleilerNew York Supreme Court · 1853
3Cited by24 opinions
- Arbenz v. Exley, Watkins & Co.West Virginia Supreme Court · 1903
- Talamo v. . SpitzmillerNew York Court of Appeals · 1890
- Matter of Goodrich v. . Vil. of OtegoNew York Court of Appeals · 1915
- Watkins v. BalchWashington Supreme Court · 1906
- Darling Shops Delaware Corp. v. Baltimore Center Corp.Court of Appeals of Maryland · 1948
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