Schaefer v. . Henkel
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, affirming a judgment in favor of defendant, entered upon an order dismissing complaint on trial. This action was upon a lease under seal of certain premises in New York, which lease was executed by “ J. Eomaine Brown, agent,” as lessor and by defendant as lessee. The facts appear sufficiently in the opinion. Plaintiffs, being the principals of Brown, can sue upon the agreement made in his, Brown’s name.
Read the full summary
Appeal from judgment of the General Term of the Court of Common Pleas, affirming a judgment in favor of defendant, entered upon an order dismissing complaint on trial. This action was upon a lease under seal of certain premises in New York, which lease was executed by “ J. Eomaine Brown, agent,” as lessor and by defendant as lessee. The facts appear sufficiently in the opinion. Plaintiffs, being the principals of Brown, can sue upon the agreement made in his, Brown’s name. (Coleman v. Loder, 53 N. Y. 373; Dykers v. Townsend, 44 id., 61; Ford v. Williams, 21 How., 289; Story on Agency, §§ 420,…
1Opinion of the CourtMiller, J.
The plaintiffs were not parties to the lease upon which this action was brought. It was not signed by them. Their names did not appear in it, and there was nothing in the lease to show that they had anything to do with or any interest in the demised premises or the execution of the lease, or that it was executed in their behalf. It was made by one Brown, as lessor, who is described therein, and who signed it, as agent; but it is not stated in the lease for whom he acted. The covenants are all between “ J. Bomaine Brown, agent, the party of the first part,” and the defendant, as party of the…
2Cases cited5 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Randall v. Van VechtenNew York Supreme Court · 1821
- Evans v. Wells & SpringCourt for the Trial of Impeachments and Correction of Errors · 1839
- Haight v. SahlerNew York Supreme Court · 1859
- Squier v. NorrisNew York Supreme Court · 1869
3Cited by43 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Elliott v. . BradyNew York Court of Appeals · 1908
- Brook'n Steam Transit Co. v. . City of Brook'nNew York Court of Appeals · 1879
- Crowley v. LewisNew York Court of Appeals · 1925
- Griffing Bros. v. WinfieldSupreme Court of Florida · 1907
38 more not listed; retrieve them via the Exa API.