Legal Opinion

Ryan v. Potwin

Appellate Court of Illinois

Decided January 22, 1896PublishedCited by 5 opinions

Covenant, for rent. Error to the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Heard in this court at the October term, 1895. Statement op the Case. The facts presented in this record are these: Defendant in error leased to plaintiffs in error certain premises for a certain time, at a monthly rental.

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Covenant, for rent. Error to the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Heard in this court at the October term, 1895. Statement op the Case. The facts presented in this record are these: Defendant in error leased to plaintiffs in error certain premises for a certain time, at a monthly rental. This suit was brought in covenant for the rent for the months of July, August, September, October and November, 1894. Afterward an order of the court was entered, changing the action from covenant to assumpsit, and defendant in error filed a declaration in assumpsit.…

1Opinion of the CourtJustice Waterman

It is undisputed that Homer Potwin, the landlord’s agent, in renting the premises and collecting the rent therefor, knew when so collecting the rent that the house was being used by the tenants for gambling purposes. We are of the opinion that when, as his mother’s agent, he leased the rooms, he knew that they were to be used for the purpose of gambling.

His knowledge in this respect, that is, the knowledge which, as her agent to let these premises and collect the rent therefor, he derived in the course of so acting, is to be imputed to her. Mecham on Agency, Sec. 718.

The testimony of Webb, as…

2Cases cited3 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Russell v. PlaceSupreme Court of the United States · 1877
  3. Davis v. BrownSupreme Court of the United States · 1877

3Cited by5 opinions

  1. Richardson v. PennySupreme Court of Oklahoma · 1897
  2. Fulton v. GesterdingSupreme Court of Florida · 1904
  3. Mitchell v. CampbellMississippi Supreme Court · 1916
  4. Gering v. School DistrictNebraska Supreme Court · 1906
  5. McDonald v. TreeAppellate Court of Illinois · 1897

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