King v. Kaiser
New York Court of Common Pleas
Appeal from ninth district court. Action by James King against J. William Kaiser, Jr., to recover rents of plaintiff’s real estate collected by defendant. Defendant had been employed by the husband of plaintiff’s grantor to collect the rents before the conveyance to plaintiff, and afterwards accepted the agency from plaintiff to collect the rents of the same premises. There was a judgment for plaintiff, and defendant appeals.
1Opinion of the CourtBookstaver, J.
Prior to May 24, 1892, one Fanny 0. Matthews was the owner of the houses Ros. 225 to 229 Willis avenue in the city of Rew York, and on that day she conveyed the same by deed to the plaintiff herein. Robert H. Matthews, the husband of Fanny C. Matthews, -was acting as .his wife’s, agent, in respect to these houses, in collecting the rent, and, by an arrangment between the plaintiff and Matthews, the latter continued to receive the rents after delivery of the deed to the former. Matthews had been in the habit of borrowing money from' the defendant, and some time in July, and long after…
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