Siemers v. Heuchel
New York Supreme Court
Motion for a new trial.
1Opinion of the CourtCropsey, J.
A motion for a new trial was taken under advisement after the complaint had been dismissed. The action is for damages caused by plaintiff not getting possession of property under a lease for five years. The lease was in writing but was not signed by the defendants who owned the property. It was signed by their brother. ■
The plaintiff claims the brother was the agent of the defendants authorized to make the lease but the proof of this is very meagre if in fact there is any. It is conceded however he had no authority in writing. And this is essential. Without written authority a lease for more…
2Cases cited9 opinions
- Dung v. . ParkerNew York Court of Appeals · 1873
- Newton v. . BronsonNew York Court of Appeals · 1856
- Hyatt v. . ClarkNew York Court of Appeals · 1890
- Talamo v. . SpitzmillerNew York Court of Appeals · 1890
- Larkin v. RadostaAppellate Division of the Supreme Court of the State of New York · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brune v. Vom LehnNew York Supreme Court · 1920
- 30 Carmine LLC v. DepierroCivil Court of the City of New York · 2005