Goodwin v. Kelly
New York Supreme Court
IT\HE plaintiff sued to recover the value of a quantity of I. statuary, of which he claimed to he the owner, under a bill of sale executed to him, in the name of Ottaviano Gori, by Catharine Gori, his attorney, dated November 23, 1859, consideration expressed $1000. The defendant levied upon the property January 31, 1860, under an execution based upon a judgment of this court, in favor of Harrison against Gori, rendered January 16, 1860. The property was, at the time of the…
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IT\HE plaintiff sued to recover the value of a quantity of I. statuary, of which he claimed to he the owner, under a bill of sale executed to him, in the name of Ottaviano Gori, by Catharine Gori, his attorney, dated November 23, 1859, consideration expressed $1000. The defendant levied upon the property January 31, 1860, under an execution based upon a judgment of this court, in favor of Harrison against Gori, rendered January 16, 1860. The property was, at the time of the alleged sale and at the time of the levy, on the premises of the vendor, 895 Broadway. There was no removal of it. There…
1Opinion of the Court
By the Court,
Geo. G. Barnard, J.
An objection was raised to the reception of a power of attorney by the husband to the wife. No authorities were cited in support of the objection. It is well established that a married woman may act as the agent of her husband, and such agency may be created either verbally or by writing. An addition of a seal to the waiting surely cannot have the effect to destroy the agency.
The appellant insists that the bill of sale was in effect a 'mortgage, and there being no immediate, actual and continued change of possession of the property, and the paper .not being…
2Cases cited1 opinion
- Nash v. ElyNew York Supreme Court · 1838
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