Davis v. Lynch
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, eleventh district, borough of Manhattan.
1Opinion of the CourtO’Gormah, J.
Although the written contract in question was 'signed by George M. Lynch, there is sufficient in plaintiffs proofs to justify the fin fling that George M Lynch was at the time acting as the defendant’s agent, and was so regarded by both parties. It was, therefore, error to grant the defendant’s motion to dismiss the complaint.
If an agent, possessing due authority, makes a contract in his own name, his principal, whether known or unknown, may be sued thereon, unless from the attendant circumstances it is the clear intent of the parties that exclusive credit is given to the agent, and that no…
2Cases cited2 opinions
- Coleman v. . First National Bank of ElmiraNew York Court of Appeals · 1873
- In re BatemanNew York Court of Common Pleas · 1894
3Cited by2 opinions
- Hernandez v. Brookdale Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Burns Bros. v. Royal BankAppellate Terms of the Supreme Court of New York · 1911