Appellate Division of the Supreme Court of New York, 1907

Title Guarantee & Trust Co. v. Levitt

Title Guarantee & Trust Co. v. Levitt
Appellate Division of the Supreme Court of New York · Decided October 4, 1907 · Gaynor
121 A.D. 485; 106 N.Y.S. 147; 1907 N.Y. App. Div. LEXIS 1805

Counsel

Henry Hetkin, for the appellant., Albert A. Hovell, for the respondent.

Title Guarantee & Trust Co. v. Levitt

Opinion of the Court

Gaynor, J. :

The evidence shows that the plaintiff -knew that the defendant was acting in a representative capacity, a’nd not for himself. Judg ment seems to have been given against Inin because he signed Stone’s name without authority, but he did this at the plaintiff’s *486insistence, the latter knowing that Stone had nothing to do with the matter (Crandall v. Rollins, 83 App. Div. 618).

The judgment should be reversed.

Jenks, Hooker, Rich .and Miller,. JJ., concurred.-

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.

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