Eichwald v. Royal Bank

Appellate Terms of the Supreme Court of New York

Eichwald v. Royal Bank

113 N.Y.S. 1131

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 16, 1908

StatusPublished

This text of 113 N.Y.S. 1131 (Eichwald v. Royal Bank) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eichwald v. Royal Bank, 113 N.Y.S. 1131 (N.Y. Ct. App. 1908).

Pincite

Opinion

PER CURIAM.

The testimony of the witness Levine that he told the president of the defendant bank that he was having repairs made on the property, especially when taken in connection with the affidavits used in opposing the motion for a receivership, sufficiently showed the authority of Levine to bind the defendant, to the extent, at least, of the’surplus rents received, to the payment of the plaintiff’s claim for the repairs he did on the property. This was the view of the court taken heretofore in a similar case on substantially the same facts. The judgment should be reversed, and a new trial ordered, with costs to the appellant to abide the event.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The testimony of the witness Levine that he told the president of the defendant bank that he was having repairs made on the property, especially when taken in connection with the affidavits used in opposing the motion for a receivership, sufficiently showed the authority of Levine to bind the defendant, to the extent, at least, of the’surplus rents received, to the payment of the plaintiff’s claim for the repairs he did on the property. This was the view of the court taken heretofore in a similar case on substantially the same facts. The judgment should be reversed, and a new trial ordered, with costs to the appellant to abide the event.

Cite This Page — Counsel Stack

Bluebook (online)

113 N.Y.S. 1131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eichwald-v-royal-bank-nyappterm-1908.