Wall Street Exchange Building Ass'n v. New York & Western Consolidated Oil Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by the Wall Street Exchange Building Association against . the New York & Western Consolidated Oil Company. Judgment for plaintiff, and defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtBischoff, J.
The defendant corporation should have been per-to prove at of the plaintiff was informed that the premises were not to be used by this corporation, but by another and distinct concern. While, undoubtedly, the defense of ultra vires could not prevail as against the apparent obligation of a contract entered into by its executive officers and relating to a subject connected with the ordinary prosecution of the corporate business (Hall v. Herter Bros., 90 Hun, 280, 35 N. Y. Supp. 769), a party who deals with the agents of the corporation, and accepts their assertion of authority, while having…
2Cases cited1 opinion
- Hall v. Herter Bros.New York Supreme Court · 1895
3Cited by1 opinion
- Jenkins v. Planters' & Mechanics' BankSupreme Court of Oklahoma · 1912