Charles v. Arthur
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Tenth District. Action by Archibald Charles against Mary E. Arthur and. another. From a judgment for plaintiff, defendants appeal. Reversed.
1Opinion of the CourtMacLEAN, J.
The plaintiff sued to recover commissions from the defendants, husband and wife, for services rendered in effecting the sale and exchange of certain real property for a steamboat. The evidence disclosed a written authorization by the husband, in which he declared himself to be “the owner, or holder of a contract from the owner,” the fact of ownership by the wife, and that this was discovered by the plaintiff prior to the completion of his work. The evidence was also sufficient, though disputed, for the jury to find an oral authority from the wife to the husband, and to the knowledge of the…
2Cases cited4 opinions
- Whiteley v. TerryAppellate Division of the Supreme Court of the State of New York · 1903
- Grossman v. CaminezAppellate Division of the Supreme Court of the State of New York · 1903
- Fox v. DixonNew York Supreme Court · 1890
- Grossman v. CaminezAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Sorenson v. SmithOregon Supreme Court · 1913
- Kane v. Metropolitan Life InsuranceCity of New York Municipal Court · 1932
- Shannon v. Metropolitan Life InsuranceCity of New York Municipal Court · 1933
- Adler v. SchaumbergerAppellate Terms of the Supreme Court of New York · 1903