Appellate Terms of the Supreme Court of New York, 1910

Kind v. Barry

Appellate Terms of the Supreme Court of New York · Decided February 15, 1910 · Whitney

66 Misc. 188; 121 N.Y.S. 324

Counsel

Ellison, MacIntyre & Davis (Arnold L. Davis, of counsel), for' appellant., Menken Brothers (Mortimer M. Menken and Howard T. Cole, of counsel), for respondent.

Opinion of the Court

Whitney. 3.

Defendant with others gave a power of attorney to three persons named, as his attorneys in fact. Plaintiff has recovered judgment against him upon a contract made by one only of the three. Presumptively such an authority was a joint one (Story Agency, § 42; Mechem Agency, § 77 and cases cited; Hawley v. Keeler, 53 N. Y. 114, 121); and there is nothing in the power of attorney to indicate the contrary, but much that is confirmatory. For this reason as well as that stated in Kind v. Cortis, decided herewith (ante, p. 186), the judgment should be reversed and a new trial ordered.

Seabury and Guy, JJ., concur.

Judgment reversed and new trial ordered, with costs to appellant to abide event.'

Case-law data current through December 31, 2025. Source: CourtListener bulk data.