Hyatt v. . Clark
New York Court of Appeals
Appeals by Elizabeth A. L. ITyatt from two several orders of the General Term of the Superior Court in the city of Hew York made June 23, 1887, which respectively reversed separate judgments in her favor entered upon the decision of the court on trial at Special Term. These are cross-actions between the same parties, tried together and submitted upon the same evidence. The findings are the same in each, except as to matters purely formal.
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Appeals by Elizabeth A. L. ITyatt from two several orders of the General Term of the Superior Court in the city of Hew York made June 23, 1887, which respectively reversed separate judgments in her favor entered upon the decision of the court on trial at Special Term. These are cross-actions between the same parties, tried together and submitted upon the same evidence. The findings are the same in each, except as to matters purely formal. The action brought by Mr. Clark was for the specific performance of a clause in a lease between the parties, which provided for the renewal thereof upon the…
1Opinion of the CourtVann, J.
We do not deem it important to decide whether the power of attorney authorized Mr. Lake to execute the lease in question or not, because, in either event, the same result must follow, under the circumstances of this case.
If, on the one hand, he acted without adequate authority in giving the lease, both the lessor and lessee knew it, for both knew the facts and both are presumed to have known the law, and the former, at least, had an absolute right to dis-affirm the contract. As she knew the contents of the power of attorney and the lease, and that the latter was executed by her agent in her…
2Cases cited6 opinions
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- Ingalls and Stockman v. . MorganNew York Court of Appeals · 1854
- Kelley v. Newburyport & Amesbury Horse RailroadMassachusetts Supreme Judicial Court · 1886
- Meehan v. . ForresterNew York Court of Appeals · 1873
- Myers v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Scientific Holding Company, Ltd. v. Plessey IncorporatedCourt of Appeals for the Second Circuit · 1974
- Holm v. C.M.P. Sheet Metal, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Henry v. . AllenNew York Court of Appeals · 1896
- Masterson v. . TownshendNew York Court of Appeals · 1890
33 more not listed; retrieve them via the Exa API.