Trustees of the Freeholders & Commonalty v. Bowman
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court in the second judicial department, entered upon an order made May 29, 1891, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to set aside and cancel of record as a cloud on plaintiff’s title a deed by the Trustees of the Freeholders and Commonalty of the Town of Easthampton to the defendant.
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Appeal from judgment of tlie General Term of the Supreme Court in the second judicial department, entered upon an order made May 29, 1891, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to set aside and cancel of record as a cloud on plaintiff’s title a deed by the Trustees of the Freeholders and Commonalty of the Town of Easthampton to the defendant. The town of Easthampton is a municipal corporation incorporated under and by virtue of a colonial charter or patent known as the Dongan Patent, dated December 9, 1686. By virtue of…
1Opinion of the CourtEarl, J.
There was no dispute at the trial that the deed from the town to the defendant was in fact executed without authority, and that the apparent authority found in the town records was actually forged and spurious. The town was not bound by the representations of Dominy as to his authority to deal with the defendant, because he was not in fact the agent of the town for the sale of these lands, and had no apparent authority to dispose of them. Separate from the other trustees, he had no agency or authority whatever. The trustees as a body were the agents of the town, and no one trustee could act…
2Cases cited3 opinions
- Remington Paper Co. v. . O'DoughertyNew York Court of Appeals · 1880
- Lattin v. . McCartyNew York Court of Appeals · 1869
- Moores v. . TownshendNew York Court of Appeals · 1886
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- Piedra v. VanoverAppellate Division of the Supreme Court of the State of New York · 1992
- In re LesterNew York Supreme Court · 1976
- Wirum & Cash, Architects v. CashAlaska Supreme Court · 1992
- Julien J. Studley, Inc. v. Gulf Oil Corp.District Court, S.D. New York · 1968
- Blass v. . TerryNew York Court of Appeals · 1898
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