Perkins v. Goodman
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to recover the sum of $200 and interest, being the balance of rent due upon certain premises situate on Exchange street, in the city of Rochester,.under a lease thereof, hearing date the 5th day of April, 1852, executed by Alfred Ely, to the defendants, Daniel Goodman and James Goodman, ■and signed by the defendant John McElrone, as security for the lessees, which lease was subsequently, and…
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APPEAL from a judgment entered upon the report of a referee. The action was brought to recover the sum of $200 and interest, being the balance of rent due upon certain premises situate on Exchange street, in the city of Rochester,.under a lease thereof, hearing date the 5th day of April, 1852, executed by Alfred Ely, to the defendants, Daniel Goodman and James Goodman, ■and signed by the defendant John McElrone, as security for the lessees, which lease was subsequently, and before the expiration thereof, for a valuable consideration, assigned by the said Alfred Ely to the plaintiff. The…
1Opinion of the Court
By the Court, Johnson, J.
The question put to the witness, as to what he told his father he wanted the writing for, when he obtained it, was proper, and the answer should- have been allowed.
The writing authorized the witness to use his father’s name to his (the son’s) agreement, without specifying the particular agreement intended. In such cases evidence of extrinsic or surrounding circumstances is competent to show what agreement the party giving the authority intended to have signed in his name. (1 Greenl. Ev. §§ 282, 287, 288.)
The referee also erred in holding, as matter of law, that the…
2Cases cited2 opinions
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
- Thomas v. GumaerNew York Supreme Court · 1831
3Cited by9 opinions
- Brown v. BrownNew York Supreme Court · 1861
- Bowen v. ClarkeOregon Supreme Court · 1894
- Campbell v. RoteringSupreme Court of Minnesota · 1889
- Esselstyn v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1904
- Standard Underground Cable Co. v. StoneAppellate Division of the Supreme Court of the State of New York · 1898
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